Docket No: 6939-20 
     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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 7 December 2020.  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 enlisted in the Navy and began a period of active duty on 13 March 2017.  On 10 September 2019, nonjudicial punishment (NJP) was imposed on you for Assault.  On 26 November 2019, NJP was imposed on you for Failure to Obey a Lawful Order.  Subsequently, administrative separation action by reason of Misconduct – Pattern of Misconduct, was initiated against you.  On 7 February 2020, you were discharged with a General discharge.   
 
You requested an upgrade of your reentry code. You stated you wanted to reenter the armed forces.  You asserted the record is in error or unjust because you were a young Sailor at the time of the misconduct in an unfortunate, disruptive marriage. You stated the marriage caused problems in your personal life that leaked into your work life.  You asserted you never received disciplinary action for anything outside of marriage issues.  Finally, you asserted you received praise from your superiors and chain of command.   
 
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 upgrade your reentry code and continue service in the armed forces, your marital situation at the time of the misconduct, and contention that you have learned from your actions, and grown as an individual.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your two NJPs, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  The Board also noted that all services can waive a reentry code at their discretion.  Your original service record was incomplete and did not contain some documentation pertaining to your separation from the Navy; however, the Board relies on a presumption of regularity to support the official actions of public officers, and in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Your contentions, unsupported in the record or by submission of documentation failed to overcome that presumption.   
 
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,