Docket No: 3606-20 
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 23 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 1 June 1998.  On 29 March 2005, you received nonjudicial punishment (NJP) for failure to obey a lawful regulation, a three hour unauthorized absence, and false official statement.  On 4 October 2005, you received NJP for driving under the influence of alcohol.  On 9 May 2006, you were advised that you would be assigned an RE-4 reentry code, signed the administrative note, and received an Honorable discharge that same day. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code and assertions that there was no reason you received an RE-4 and you were not given a reason.  The Board noted that your record is contrary to your assertion.  Your record reflects that on 9 May 2006, you signed an administrative note advising you that you would receive an RE-4 reentry code due to unsatisfactory performance.  The Board found no evidence of error or injustice in your discharge and concluded that the mitigating factors were not sufficient to warrant a change to your reentry code given your misconduct, which resulted in two NJPs.   
 
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.