Docket No: 5384-20 
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 relevant portions of your naval record and your application, 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 10 August 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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. 
 
You enlisted in the Navy and began a period of active duty on 3 October 2002.  You received nonjudicial punishment on 24 July 2003, for desertion and missing movement (eight specifications).  On 25 July 2003, Commanding Officer (CO), USS , notified you of separation processing by reason of misconduct due to the commission of a serious offense.  You waived your procedural rights including your right to consult with counsel and your right to request an administrative board (ADB).  On 25 July 2003, your CO recommended that you be administratively separated with an other than honorable (OTH) characterization of service.  On 19 August 2003, the separation authority approved your CO’s recommendation, and you were discharged on 19 August 2003, on the basis of misconduct due to commission of a serious offense, you received an OTH characterization of service, and a reentry (RE) code of RE-4. 
 
In your petition to the Board, you ask that your RE-4 code be changed and that your OTH discharge be upgraded to honorable.  You state that you were not aware of the RE-4 code until recently, and that you would like someone to review your OTH characterization.  You want to reenlist and join the Air Force; and you state that you were not given the proper guidance when you were in the Navy, and you want a second change to make things right. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you did not receive correct guidance prior to your discharge and that you would now like to return to military service.  The Board also reviewed the information in your record and noted that you were found guilty at NJP for eight specifications of missing movement, and that your CO subsequently recommended you be administratively separated with an OTH characterization of service.  The Board found that the misconduct in your service record supported your OTH characterization and your RE-4, and that you did not provide sufficient evidence to establish that your administrative discharge was executed in violation of the applicable regulations.  Further, the Board noted that you were given an opportunity to defend yourself and perhaps receive a better characterization of service, but waived your procedural rights.  Accordingly, the Board determined that the frequency and seriousness of your misconduct of missing movement supported your current RE code and discharge characterization, and that corrective action is not warranted. 
 
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,