Docket No: 0754-20 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 2 November 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. 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. You enlisted in the Navy and began a period of active duty on 12 October 2000. You served honorably until you were discharged on 13 May 2013. Your service record includes Administrative Remarks, dated 13 May 2013, in which you acknowledged that you were not being recommended for reenlistment and were being assigned a reentry (RE) code of RE-4 due to Misconduct (Serious Offense). Your DD Form 214 reflects that you were separated from the Navy based upon “Misconduct (Serious Offense).” It also reflects that your service was characterized as honorable, and that your reentry code was “RE-4.” You requested that the Board change your reentry code to RE-1 or RE-2 so that you could finish seven additional years in another service branch to qualify for retirement. In support of this request, you stated that you were discharged with an honorable characterization of service, and that you were never convicted of anything while on active duty. You also assert that the RE-4 is unjust because you were never in trouble while serving in the Navy, and that your discharge was the result of failing a Family Advocacy Program (family counseling), during which your now ex-wife made statements intended to harm you. Finally, you indicated that all of your performance evaluations recommended you for retention, and you provided the Board with numerous favorable evaluation reports. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that your ex-spouse made assertions during family counseling to hurt you and that you have an honorable discharge from your time in the Navy. The Board also noted the multiple recommendations for retention reflected in the evaluation reports provided with your application, but noted that your final evaluation for the period of 16 November 2002 to 13 May 2013 did not recommend retention. The Board took into account your desire to return to military service and earn your retirement, but found that you did not provide sufficient evidence or information to establish any error or injustice in your RE-4 reentry code. Your record reflects that you were separated due to the commission of a serious offense, rather than due to merely failing a Family Advocacy Program as you asserted. Although your records did not reflect the specific serious offense for which you were separated, the Board found that you failed to submit sufficient evidence to overcome the presumption that your narrative reason for separation and reentry code were properly administered at the time of your separation. Accordingly, the Board found no error or injustice in an RE-4 reentry code for a separation based upon the commission of a serious offense. 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,