DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5012-20 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 19 February 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). Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. Your final Navy reenlistment in the Navy was on 8 April 2010 and you subsequently extended such enlistment on 9 December 2014 for one month into May 2015. On 30 April 2015 upon obtaining sufficient service for retirement, you were discharged from the Navy with an honorable discharge, assigned an RE-2 reentry code, and transferred to the Fleet Reserve at the enlisted paygrade of Petty Officer First Class (E-6). On 1 September 2018 the Navy transferred you to the retired list of the Regular Navy/Navy Reserve. 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: (a) your request to be allowed to join the Navy Reserve to serve as an Intelligence Officer, (b) your assertion that you know you will provide the same level of enthusiasm in the Navy Reserve as on active duty, and (c) your further assertions that you have civilian experience working in the information assurance area. Based upon this review, and even in light of the Wilkie Memo and reviewing the record holistically, the Board still concluded that given the totality of the circumstances your request does not merit relief. The Board determined that your Navy service records and DD Form 214 maintained by the Department of the Navy (DoN) contain no known errors. Upon your transfer to the Fleet Reserve you were assigned an RE-2 reentry code. The Board noted that the RE-2 reentry code corresponds to “ineligible for reenlistment…member transferred to the Fleet Reserve.” In this regard, you were assigned the correct reentry code based on your factual situation. The Board a code. The Board sincerely respects and appreciates your honest and faithful service to your country and your desire to continue to serve. However, in the end, the Board concluded that you received the correct reentry code based on the totality of your circumstances, and that such action was in accordance with all DoN directives and policies at the time of your discharge. 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,