Docket No: 7210-19 
Ref: Signature Line 

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. 
 
Although you did not file your application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 30 September 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 29 July 2010.  On 20 April 2009, you began a period of unauthorized absence (UA) that continued until you surrendered on 9 November 2009.  On 11 November 2009, you received nonjudicial punishment (NJP) for your unauthorized absence (UA).  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  On 3 December 2009, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service, and the separation authority your separation from the Marine Corps.  On 14 January 2010, you were discharged with an OTH characterization of service. 
 
You request the Board “improve” your reentry (RE) code of RE-4.  You assert that the RE-4 code is an error or injustice due to the nature of the circumstances of your discharge and your record of public service following your separation from the military.  You claim you suffered severe repetitive stress injury to both feet during training and attempted to be seen at your battalion aid station, but the corpsmen ignored you.  Eventually a corpsman suggested you purchase a pair of Danner boots which cost hundreds of dollars.  You stated the “tipping point” in deciding to go UA was that new-joins were made to walk for 24 hours straight on 2 occasions due to a sentry being found asleep on duty.  There was an upcoming battalion forced march, and you decided to go UA and return to your family to seek medical attention because you feared retaliation for jumping the chain of command. After you went UA, you were seen by a podiatrist and diagnosed with severe plantar fascitis in both feet, with a high risk of surgery as the only option, but your condition was treated with diligent physical therapy.  You state you have unusually high arches, which were not detected during your entrance to the military because you were only screened for flat feet.  About six months after you went UA, you were able to walk and stand for extended periods of time, and you surrendered to military authority.  You claim you were advised by a close friend (familiar with UA) not to discuss your medical issues because he didn’t think there was sufficient evidence to allow you to get a different MOS, and your feet were still in a very fragile state.  You state you opted for a discharge following your NJP because you were young, naive, and frightened.  In support of your petition, you attached copies of your associates degree, Coast Guard Auxiliary and EMT certification, and proof of your volunteerism with the Coast Guard Auxilary, AmeriCorps, FEMA, Habitat for Humanity, hurricane relief, and firefighting.  You state your desire to enlist in the Virginia National Guard.  Additionally, you included notes documenting three visits to a civilian doctor for pain in your feet.   
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to upgrade your RE code, medical issues, and post-service character, conduct, and accomplishments, as well as your contentions, but concluded that these factors were not sufficient to warrant a change to your RE code given your serious misconduct.  The Board thus concluded that there is no probable material error or injustice in your record warranting corrective action. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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.