DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 5706-19 
Ref: Signature Date

Dear	:

This is in reference to your application 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 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 23 May 2016. In December 2017, you posted racially charged photos on social media. In February 2018, you received nonjudicial punishment (NJP) for violating Article 92, Uniform Code of Military Justice, for failure to obey an order or regulation by posting racist photos on social media. On 22 February 2018, you were counseled that you were being processed for administrative separation. You were notified of administrative separation proceedings the same day. After you consulted with counsel and acknowledged your rights, you waived your right to present your case to an administrative discharge board. On 16 March 2018, you were discharged on the basis of misconduct due to commission of a serious Offense with a general (under honorable conditions) characterization of service and a reentry (RE) code of RE-4.

You request a change to your RE-4 code so that you can either return to the Marine Corps or join another Service.  You contend that you should not have received an RE code precluding you from returning to military service, as the mistake you made was your first offense. Additionally, you state that others who made worse mistakes were only reduced in rank.  You assert that your infraction should have been dealt with at a lower level rather than being sent straight to your commanding officer (CO).

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including the fact that your NJP was your first offense. The Board also took into account that you wish to return to military service. The Board noted that your record does not contain detailed information about the nature or the specific facts and circumstances regarding the type of photos that you posted.  Absent such information, the Board determined that deference to your CO’s decision to seek NJP and pursue administrative separation was appropriate. The Board found that your NJP for posting racists photos online was a sufficient basis for discharging you on the basis of misconduct due to commission of a serious Offense and assigning an RE code of RE-4. The Board determined that your desire to return to military service and the fact that you only committed one infraction were insufficient to warrant a change to the RE-4. The Board determined that your RE-4 code is supported by the nature of your misconduct, and concluded that it does not constitute a material error or injustice warranting corrective action.

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 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.

Sincerely,