Docket No: 9107-19 
Ref: Signature Date           
 
 
 
Dear : 
 
This is in reference to your application of 16 September 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, together with all material submitted in support thereof, 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 15 June 2015.  On 13 December 2018, you were counseled that you were eligible, but not recommended for promotion due to pending legal action.  On 9 May 2019, you were convicted by summary court-martial (SUM) for violating Articles 81 (conspiracy) and 109 (destruction of property by pouring sugar into the gas tank of another Marine’s  pickup truck) of the Uniform Code of Military Justice (UCMJ).  You were sentenced to forfeiture of pay, restriction, and reduction in rank to E-2.  On 15 May 2019, you were counseled by your commanding officer that you were not recommended for reenlistment and were assigned a reenlistment code of RE-4.  On 14 June 2019, you were discharged with an honorable characterization of service at the completion of your required active service and assigned a reentry code of RE-4. 
 
You request that the Board change your RE code.  You assert:  “I believe my RE code to be unjust because I don’t have any negative paperwork on file whatsoever and I did not receive a special or general court-martial and I received an Honorable Discharge because I performed above average in my MOS.” 
 
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.  With respect to your contention that you have “no negative paperwork,” the Board noted your page 11 counseling entries and your summary court-martial conviction. 
 
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.