DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7906-19 Ref: Signature Date This is in reference to your application of 6 August 2019 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 9 December 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, 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 10 June 2002. On 20 October 2014, you were counseled regarding your conduct, which was unbecoming for a staff non-commissioned officer (SNCO), of sending inappropriate text messages to a female junior Enlisted Marine and borrowing money from a private first class. You were advised that failure to take corrective action could result in administrative separation and judicial proceedings. On 30 January 2015, you were counseled regarding your substantiated sexual harassment of a junior female Enlisted Marine. On 10 January 2018, you were counseled regarding driving without a license, being in a motor vehicle accident in , and failing to contact the other party and pay for damages as directed. You were again advised that failure to take corrective action could result in administrative separation and judicial proceedings. On 5 June 2018, you were counseled by your commanding officer that you would receive no further service and would be assigned a reenlistment code of RE-4 because you “failed to demonstrate the high standards of leadership, professional competence, and personal behavior required to maintain the prestige and quality standards of the Marine Corps.” On 25 August 2018, you were discharged with an honorable characterization of service due to non-retention on active duty and assigned a RE-4. You request that the Board change your RE code. You assert that you want to enter another branch of military service because you have been laid off from your job and need to provide for your family. You claim that you received a RE-4 because you received separation pay. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your RE code and the Board found no error in the records. The Board noted you were promoted to staff Sergeant in 2012, your discharge was service initiated, and that you were eligible for, and received half separation pay. The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith in accordance with governing law and policy. 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, 1/5/2020