Docket No: 2135-20
Ref: Signature Date                                                                                                          
Dear  
 
This 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 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 16 November 2020.  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 Navy and began a period of active duty on 16 September 2003.  On 15 January 2004, you were convicted by  Municipal Court City of , for disorderly conduct.  On 4 February 2004, you received nonjudicial punishment (NJP) for failure to obey a lawful order by wrongfully consuming alcohol beverages while under the age of 21 and for larceny of a cell phone.  On 6 February 2004, you were notified of your administrative separation processing by reason of misconduct due to commission of a serious offense.  On 24 February 2004, your commanding officer, forwarded your package to the separation authority recommending that you be discharged due to commission of a serious offense, evidenced by all of the incidents in your enlistment.  The recommendation was approved and you were discharged from the Navy on 17 March 2004.  You received a general characterization of service and a reentry (RE) code of RE-4. 
 
In your application for consideration, you ask that your general discharge be upgrade to honorable, that your separation code of JKQ be changed, and that your RE-4 be corrected to an RE code that would enable you to reenlist.  You state that you were discharged because you were not mature enough for the military at the time, and that you were advised that your codes would change after one year of discharge so that you could reenlist.  You contend that you were also told your general discharge would upgrade to an honorable after one year.    
 
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.  These factors included your contention that you were not mature enough for the Navy at the time of your enlistment; and your statement regarding your understanding that your characterization of service and RE-4 would change after one year.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, your misconduct, evidenced by your civilian conviction and an NJP, outweighed these mitigating factors.  The Board also noted that a general characterization is not an adverse discharge, and can been executed by the Navy within a Sailor’s first six years of enlistment without entitlement to administrative board proceedings.  Finally, the board noted that there is no provision of law or in Navy regulations that allows for re-characterization of service or changes to separation codes due solely to the passage of time.  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,