Docket No: 6090-19 
Ref:   Signature Date 
 

 
Dear  : 
 
This letter 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 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 11 August 2020.  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.  
 
The Board carefully considered your request to remove your 8 February 2017 Administrative Remarks (page 11) counseling entry assigning your reenlistment code (RE-3O) from your official military personnel file (OMPF).  The Board considered your contention that you executed orders.  You claim that your reenlistment was completed after your page 11 was administered.  As evidence, you provided your DD Form 4/1 Enlistment/Reenlistment Document effecting your reenlistment on 22 February 2017.   
 
The Board, however, noted that pursuant to paragraph 4006.q.(1) of Marine Corps Order (MCO) 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM), “When the Marine states that he/she does not desire to extend/reenlist, the CMC (MMEA) will be promptly notified and the following service record entry made:.”  The Board determined that to avoid being issued your counseling entry, you would have had to execute your reenlistment prior to 8 February 2017, thus, your counseling entry and RE-3O reenlistment code were appropriately issued and assigned in accordance with the IRAM.  The Board also noted that your commanding officer signed the entry, you acknowledged the entry, and elected not to submit a statement.  The Board thus determined that you understood the basis for the entry.  Moreover, your subsequent decision to reenlist does not invalidate your page 11 entry.  The Board thus concluded that there is no probable 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, 
  
9/10/2020

Deputy Director