Docket No. 63-21
  
Dear   
 
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 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 31 August 2021.  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.  In addition, the Board considered the advisory opinion contained in Marine Corps Recruiting Command memorandum 1070 G-1 of 15 April 2021; a copy of which was previously provided to you for comment. 
 
On 28 January 2020, Petitioner’s Record of Military Processing – Armed Forces of the U.S. (DD Form 1966) listed Infantry Leadership Option (Program code QH) for $5,000 6 X 2 (6 years active and 2 years reserve) and was certified by certifying official.  Furthermore, you enlisted for 8 years in the U.S. Marine Corps Reserve.  On 1 March 2020, you signed a statement of understanding (SOU) (Annex B).  You agreed to the Infantry Leadership Option (Program code QH) for $5,000, and a 6-year term of enlistment.  On 16 March 2020, you entered active duty for 6 years with an end of active service (EAS)/end of current contract (ECC) of 15 March 2026.  On 2 September 2020, you completed the course prescribed by the Commandant of the Marine Corps for Infantry Rifleman. 
 
You requested to change your term of enlistment from 6 years to 4 years; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that the SOU found in your official record states that in order to receive the $5,000 bonus, you must agree to serve six years of active duty.  This information was confirmed with the DD form 1966 as well.  The Program Enlisted For code of QH Infantry Leadership Option did not guarantee attendance to a leadership course.  Furthermore, block 13 of the SOU states the following “I understand that once I have successfully received military occupational specialty assignment and have received my bonus that this contract is considered fulfilled.”  In this connection, the Board substantially concurred with the comments contained in the advisory opinion.   
 
The Board determined that your personal appearance, with or without counsel, would 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 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, 
10/4/2021
Deputy Director