Docket No 5159-20  

 
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 applications were not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your cases on their merits.  A three-member panel of the Board, sitting in executive session, considered your applications on 17 June 2021.  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 applications, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations, and policies. 
 
The Board determined that your personal appearance, with or without counsel, would 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. 
 
The Board carefully considered your request to remove your expunge from your record your last Enlisted Performance Evaluation Report, your Certificate of Release or Discharge From Active Duty (DD Form 214), and reentry code.  The Board considered your contentions that you were falsely accused of a felony by your ex-wife, and that your Commanding Officer filled out your Evaluation and DD From 214 although he never interviewed you.  You also assert that these documents are affecting the level of care you are receiving from the Veterans Administration.     
 
The Board noted that your record does not reflect any felony charges or convictions.  Additionally, your Evaluation for the reporting period 1 October 1987 to 30 April 1988 was adverse because you were relieved of your duties a Zone Supervisor after an investigation uncovered multiple incidents of recruiter misconduct.  The Board found no evidence in your record, and you submitted none, that substantiates your contention that the Evaluation is in error or unjust.   
 
The Board also noted that you did not identify any errors on your DD Form 214 that require correcting.  Your DD Form 214 reflects that you were honorably retired in the rate MCCS, and assigned a reentry code of RE-2, the applicable code for members who are retired and transferred to the Fleet Reserve.   
 
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, 
6/29/2021
Executive Director