Docket No. 7087-19
Ref: Signature Dtae


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 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 29 September 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 remove your 11 June 2018 Administrative Remarks (Page 11) 6105 counseling entry, and to upgrade your reentry code to RE-1C (issued to recommended and eligible career Marines meeting generally acceptable standards and denied further service), and to re-evaluate your reenlistment request.  The Board considered your contention that you were denied reenlistment due to receiving a the Page 11 6105 counseling entry, and that you cannot reenlist without a waiver. 
 
The Board noted that, on 11 June 2018, you were issued a Page 11 6105 counseling you for attempting to report a different score than what was observed by the Battalion Operations Officer (OpsO) and S-3 Training non-commissioned officer monitoring your physical fitness test (PFT).  Your commanding officer determined, by preponderance of the evidence, that, when confronted, you became belligerent and chose not to speak with the OpsO.  You acknowledged the entry and chose to submit rebuttal.  In your rebuttal, you explained the circumstances of your 23 May 2018 and 31 May 2018 PFTs, and denied any wrongdoing.   
 
The Board also noted that, on 26 April 2019, you were issued a Page 11 notifying you that you were ineligible for reenlistment due to failure to demonstrate the high standards of leadership, professional competence, and personal behavior. You were assigned a RE-3C reentry code (issued when directed by the Commandant of the Marine Corps or when not eligible and disqualifying factor is not covered by any other code), limiting you to half separations pay.  Additionally your requirement to enlist in the Individual Ready Reserve was waived.   
 
The Board determined that the 11 June 2018 counseling entry creates a permanent record of a matter your commanding officer deemed significant enough to document, and your evidence did not prove otherwise.  The Board also determined that the entry met the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN).  Specifically, the Board noted that the entry provided written notification concerning your deficiencies, specific recommendations for corrective action indicating any assistance available, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.  You were afforded the opportunity to rebut the counseling, and your rebuttal has been included in your official military personnel file.  Moreover, the Board determined that you were denied reenlistment, and assigned the most appropriate reentry code, and that changing your reentry code to RE-1C is not appropriate because you did not meet generally acceptable standards for reenlistment, without waiver.  The Board thus concluded that the record does not constitute probable material error or injustice warranting corrective action. 
 
With regard to your request re-evaluate your reenlistment request, the Board noted that this is not an error in your official military personnel file.  The Board noted that your RE-3C reentry code may not prohibit reenlistment, but requires that a waiver be obtained.  Recruiting personnel are responsible for determining whether you meet the standards for reenlistment, and whether or not a request for a waiver of your reenlistment code is feasible. 
 
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 attachés 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,