Docket No: 4033-18 
Ref: Signature date 

Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to the provisions of 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 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 11 April 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 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 reenlisted in the Navy on 26 August 2013.  You appear to have served without disciplinary incident until 5 November 2015 when you received nonjudicial punishment (NJP) for two instances of failure to obey an order or regulation.  On 22 April 2016, you received a second NJP for failure to obey an order or regulation.  On 16 June 2016, you received a third NJP for disobeying a lawful order.  Your record is incomplete in that it does not contain all of the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears the separation authority, based on the recommendation of an administrative discharge board, directed that you be discharged with an honorable characterization of service by reason of misconduct due to commission of a serious offense.  You were discharged with an honorable characterization of service on 18 November 2016 and assigned an RE-4 (not recommended for reenlistment) reentry code.   
 
The Board carefully weighed all potentially mitigating factors, including your desire to continue service in the Navy Reserve, and your contention that, despite separation for commission of a serious offense, you were honorably separated.  The Board considered your contention that your relationship with an E-5, while you were an E-7, did not constitute fraternization because she was not in your chain of command and the relationship was not prejudicial to good order and discipline.  The Board also considered the OPNAVINST 5370.2D Navy Fraternization Policy and email correspondence you submitted in support of your contention.  Additionally, the Board considered the regret you expressed concerning the relationship and your remorse for being drunk on duty.  The Board also considered your contention it was your “first time making a horrible decision” but you’ve learned “of the effect of your decisions,” and your desire to prove that is “not who you are.”  The Board, however, noting your repetitive misconduct evidenced by three NJPs, concluded your contentions were not sufficient to warrant relief in your case because an RE-4 reentry code is authorized when an individual is separated for misconduct. 
 
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, 
8/28/2019
Executive Director