Docket No: 6195-19                                                                                 Ref: Signature date 
 
Dear : 
 
This letter is in reference to your application 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 7 November 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, as well as 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 its 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 Navy on 29 July 2014.  On 5 August 2015, you were diagnosed with an “adjustment disorder with depressed mood and occupational problem.”  On 19 August 2015, you received an administrative remarks (Page 13) entry detailing counseling received after your diagnosis.  In response to the Page 13, you wrote “I can not comply with this page 13.” Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of convenience of the government due to condition not a disability.  After you were advised of, and waived, your procedural rights, the discharge authority directed that you be discharged with an honorable characterization of service by reason of convenience of the government.  On 11 September 2015, you were discharged and assigned a RE-4 (not recommended for reenlistment) reentry code. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that the “RE-code given does not coincide with the circumstances of the discharge” and that you believe a RE-3H (hardship discharge) reentry code is warranted.  Specifically, you contend that your father had suffered a heart attack and had a defective pacemaker.  As a result, your family was not able to care for him, which created a hardship for you.  The Board also considered your contention that the health situation has been corrected and that you are no longer needed to care for him.  Lastly, the Board considered the advocacy letter provided by your Congressman’s office where you worked as an intern.  The Board, after noting your hand-written statement that “I can not comply with this page 13” which was written in response to the counseling from your command, determined that there was insufficient evidence of an error or injustice in your assignment of a RE-4 reentry code at discharge.  The Board further noted that you did not submit any medical evidence reflecting your current mental health condition, and again concluded that there is insufficient evidence of an error or injustice warranting a change to your assigned RE-4 reentry code. 
 
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,