DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 3638-21 
Ref: Signature Date 

Dear Petitioner: 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 21 July 2021. The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 

You enlisted in the Marine Corps Reserve on 29 August 2006. From 19 May 2008 to 19 May 2009, you served on active duty in support of     . On 9 January 2010, you were convicted by summary court-martial (SCM) for the assault of another Marine while attending the Marine Corps Ball on 14 November 2009, and sentenced to reduction in rank and forfeiture of pay. Although the record is incomplete in that it does not contain an administrative remarks (Page 11) entry documenting your discharge from the Marine Corps Reserve, your record indicates you were voluntarily discharged from the Marine Corps Reserve on 28 August 2014 at the completion of your required service and assigned a RE-1A reentry code. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention the command erred in assigning a RE-4 (not recommended for reenlistment) reentry code. However, the Board noted your record, specifically your individual separation information, indicates you were assigned a RE-1A reentry code. The Board did not see any indication in the record or in your submission which indicates you were assigned a RE-4 reentry code. Further, when a Marine is assigned a RE-4 reentry code, a Page 11 entry, informing the Marine of the reason for the assignment, is required, and the Board noted the record does not contain such an entry. 

The Board also considered your contention the command harshly punished you at the SCM. Specifically, the Board considered your contention you were punished harshly because the other Marine, who took the majority of the injuries, received less punishment. You further contend the disparate treatment warrants removal of the SCM, and resulting punishment, from the record. The Board, however, determined there was insufficient evidence of an error or injustice in the punishment received at SCM. The Board, applying liberal consideration, concluded there was insufficient evidence of an error or injustice that warrants removing your SCM or restoring your rank to lance corporal. 

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined your misconduct outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 

You are entitled to have the Board reconsider its decision upon 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, 
8/16/2021 

2