Docket No. 7445-19
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. 
 
Although your application was not filed 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 17 July 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, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps on 6 August 2001.  On 17 January 2003, you went to non-judicial punishment for disobeying a lawful order and for driving under the influence of alcohol (DUI).  On 23 August 2005, pursuant to your guilty pleas, you were convicted at a Special Court-Martial of:  (a) conspiracy to commit larceny, (b) larceny of $3,000, and (c) filing a false/fraudulent travel claim for $9,660.  As punishment, you were sentenced to confinement for 110 days, reduced in rank to the lowest enlisted paygrade, and ordered to pay a $3,000 fine.  You did not receive a punitive discharge. 
 
On 4 November 2005, you were released from confinement.  On 22 November 2005, at the completion of your required active obligated service, you received an honorable discharge and were assigned an RE-4 reentry code.  In the Marine Corps, the RE-4 code means “not recommended for reenlistment.”  In this regard, given your NJP for DUI and your SPCM for larceny and fraud, you were assigned the authorized and correct reentry code based on your circumstances. 
 
The Board carefully weighed all potentially mitigating factors in your service record.  However, the Board determined that the absence of mitigating factors was problematic and determined that your reentry code change request lacked merit and was insufficient to warrant granting any relief given the seriousness of your misconduct and disregard for good order and discipline on active duty.  The Board also noted that you admitted your record was not in 
error.  Further, the Board observed that you did not proffer any contentions or arguments supporting your upgrade petition as a basis upon which to grant relief other than that you would like to reenlist.  Moreover, absent a material error or injustice, the Board generally will not summarily upgrade a discharge solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  In the end, the Board concluded that you received the correct reentry code based on your cumulative misconduct. 
 
Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief. 
 
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. 
                                                                          
Sincerely, 

9/9/2020

Executive Director