Docket No: 5460-19 
Ref: Signature Date           

Dear  
 
This is in reference to your application of 27 May 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 21 October 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 14 July 2014.  On 18 December 2016, you were released from active duty at the completion of required training and joined a reserve unit.  On 12 March and 10 April 2015 a counseling entry (page 11/6105) was placed in your record documenting that you were not recommended for promotion due to unsatisfactory drill participation and noting that you were not available for signature.  On 12 April and 3 May 2015, a page 11/6105 was placed in your record regarding your unauthorized absence (UA) from drill and noting that you were not available for signature.  On 19 February 2016, administrative discharge action was initiated by reason of unsatisfactory performance.  Your command made multiple attempts to provide you with your notification with no response from you.  On 19 February 2016, your commanding officer recommended that you be separated from the naval service with an under other than honorable (OTH) characterization of service.  On 4 May 2016, the staff judge advocate reviewed your administrative separation package and noted you were UA for nine drills in the previous 12 months and that all forms of communication with you had been unsuccessful.  On 6 August 2016, the separation authority approved your separation from the naval service with an OTH characterization of service due to unsatisfactory performance, and you were assigned a reentry (RE) code of RE-4. 
 
You requested the Board change your RE code to RE-3.  You asserted mitigating circumstances caused by your mother’s divorce from your stepfather.  You asserted that during boot camp,   and when you returned home you had to fix her issues because every time you left home, your stepfather would come back and take advantage of her.  You stated that initially you were embarrassed and lied to your unit, which you now realize was a mistake.  Eventually you made your unit aware of the situation, however, you were told it was too late and had you contacted them earlier, something could have been done.  You stated your youth, lack of life experience, and lack of guidance resulted in poor decision-making.  In support of your petition, you attached letters of recommendation from your employer supporting your endeavor to enlist in the Army, and a letter from your mother stating her regret for pressuring you to take care of her problems and indicating her divorce was finalized in 2017.  The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your RE code given your unsatisfactory performance. Additionally, the Board found that you presented insufficient evidence to establish the existence of probable material error or injustice. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.