Docket No: 7985-19 
Ref: Signature Date   
 
 
Dear : 
 
This is in reference to your application of 5 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. 
 
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 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, 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 10 March 2014.  On 10 June 2014, you were arrested by civilian authorities while on leave.  On 17 June 2014, you checked into , and were assigned to ,  due to pending civilian charges of engaging in sexual intercourse with a  girl.  On 21 July 2014, you received non-judicial punishment (NJP) for failure to obey orders and false official statement and were awarded forfeiture of pay and restriction.  You were counseled that you were eligible, but not recommended for promotion to E-2.  Subsequently, administrative action to separate you from the naval service was initiated by reason of misconduct due to commission of a serious offense.  After being afforded all of your procedural rights, you elected to provide a statement.  You wrote, in part:  “I desire to remain in the Marine Corps.  I have wanted to be in the Marines since I was 8 years old.  I have the desire to serve my country, and the willingness to go forward and do as I am commanded.  I didn’t want to live knowing my family could be in danger if war ever broke out.  I plan on keeping the Marine Corps standards no matter what happens, because it is the right thing to do.”  Your commanding officer recommended that you be discharged with an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Marine Corps to allow prosecutorial authority to remain with local civilian authorities.  On 6 August 2014, you were discharged with an OTH characterization of service and assigned a reentry (RE) code of RE-4. 
 
You request the Board change your RE code to RE-1.  You assert that at the time of your discharge it may have been correct, however, you would like to finish what you started and serve your country proudly.  You claim you changed your whole life and believe you deserve a second chance to serve.  In support of your petition, you attached a personal statement that read, in part:  “I was discharged for a felony conviction that occurred while I was on leave after boot camp.  I made a mistake getting involved with my ex-girlfriend and not a day goes by that I don’t wish things turned out different for me.  I want to prove to myself and my kids that you have to fight for the things you want.  I have a good paying job with benefits, so I don’t want to reenlist just for the money or benefits.  I need to finish what I started.” 
 
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 given your misconduct.  Additionally the Board found no error in your records.  The Board noted that you provided no evidence to support your contentions.   
 
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.