DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4631-20 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 3 March 2021. 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 reenlisted in the Navy Reserve on 15 March 1999. According to the information in the record. On 24 March 2000, you completed Individual Active Duty Training (IADT). Although the Board lacked your entire service record, the Board relied on a presumption of regularity that you were notified of the recommendation that you be discharged by reason of unsatisfactory participation. After you waived your procedural rights, your commanding officer (CO) recommended a general under honorable conditions discharge due to unsatisfactory participation. The discharge authority approved this recommendation and directed a general under honorable conditions discharge by reason of unsatisfactory participation, an RE-4 reentry code, and a GHJ separation code. On 17 August 2001, you were discharged. As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presume that you were properly discharged from the Navy. 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 included, but were not limited to, your desire to change your RE-4 reentry code and GHJ separation code. The Board noted your contentions that you informed your unit that you were moving to for a new job, you were told no paperwork was need and you were told that all you had to do was to report to a unit in the area where you were moving and continue drilling. The Board also noted your contentions that you never received your discharge paperwork and you are trying to enlist into the Air National Guard. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your failure to attend drills, failure to provide documentation to support your contentions, and incomplete service record outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. The Board noted that there is no evidence in your record, and you submitted none, to support your contentions regarding your separation from your unit. Regarding your contentions that you are trying to enlist into the Air National Guard, whether or not you are eligible for enlistment into the Air National Guard is a matter under the cognizance of the Air National Guard, and you should contact the nearest office of Air National Guard concerning your right to apply for enlistment. If you have been denied enlistment, you should appeal that denial under procedures established by the Air National Guard. 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