Docket No: 3253-20 
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 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. 
 
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 June 2020.  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. 
 
You enlisted in the Navy and began a period of active duty on 19 November 2012.  On 3 February 2016, nonjudicial punishment (NJP) was imposed on you for assault.  You were notified of administrative separation proceedings against you and elected to have a hearing before an administrative discharge board.  On 29 May 2016, an administrative discharge board substantiated your misconduct but recommended you be retained.  On 18 April 2016, Commanding Officer (CO), Navy , non-concurred with the Board and recommended you be separated with an other than honorable (OTH) discharge.  On 9 May 2016, Commander, , concurred.  On 21 July 2016, Commander, , also concurred.  The recommendation of the Secretary of the Navy was not available for review.  However, on 3 February, 2017, you were discharged from the Navy with a general characterization of service and an RE-4 reenlistment code. 
 
You requested a change of your reentry code from RE-4 to RE-1.  The Board considered your desire to upgrade your reentry code and your assertions that there was an error due to the fact that the administrative separation board recommended retention.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge characterization given your misconduct, which resulted in NJP for the commission of a serious offense.  The Board noted that, once an administrative discharge board finds a basis for administrative separation, the board’s recommendation for characterization of discharge is not binding upon the Navy.  However, in such cases the Secretary of the Navy must approve such a discharge.  In your case, the Secretary approved your separation with a general discharge and an RE-4 reentry code.  The Board found no evidence of error or injustice in your record that warrants a change in the characterization of your discharge and concluded that your discharge was proper as issued.  
 
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,