Docket No: 7505-20
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.   
 
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. 
 
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 14 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 15 August 2011.   On 24 January 2017, nonjudicial punishment (NJP) was imposed on you for Failure to Obey an Order, False Official Statement, and False Swearing.  On 27 April 2017, you were discharged with an Honorable discharge with an RE-4 reentry (RE) code. 
 
You requested that your RE code be changed to RE-1.  You asserted the RE Code is in error as it does not reflect your character of service, behavior, or activity during your enlistment.  You also asserted your service was cut short and you have spent the past 3 years preparing to serve again as an officer.   Finally, you asserted you completed a e through the  in less than 3 years but the RE code disqualifies you from your dream to continue service in the United States Military.   
 
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 code, continue service in the United States Military, and your post-serviced accomplishments.  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 NJP, 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,