Docket No: 7635-20 
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.     
 
Because your application was submitted with new evidence not previously considered, the BCNR found it in the interest of justice to review your application.  Your current request has been carefully examined by a three-member panel of the BCNR, sitting in executive session on 4 January 2021.  The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application and all material submitted in support of your application.     
  
You enlisted in the Navy and began a period of active duty on 12 April 2010.  On 28 April 2010, you were diagnosed with Disruptive Behavior Disorder and Adjustment Disorder.  Subsequently, administrative separation action by reason of Erroneous Enlistment, was initiated against you.  On 3 May 2010, you waived counsel and an administrative board.  On 4 May 2010, your Commanding Officer recommended you be administratively separated with an Entry-Level discharge.  On 10 May 2010, you were discharged with an Entry-Level discharge.   
 
You have requested an upgrade of your reentry code of RE-3E to RE-1.  In your application, you contend that you had no disciplinary actions at  and the discharge was not a permanent reflection of your mental state.  You asserted that you have not had feelings of anxiety, and mental fortitude and adaptability is necessary in the nursing field.  You also asserted that after you left the Navy, you received a Bachelor’s in Nursing and are a board-certified ER nurse practitioner.  Finally, you asserted that you are a Certified Flight Registered Nurse for rotor-wing aircraft.  The Board concluded these factors and assertions were not sufficient to warrant a change to your reentry code, given your diagnosis, which resulted in an administrative separation for Erroneous Enlistment.  The Board noted RE-3 is a waivable reentry code.   
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Navy, the length of your active duty service to our nation, and your post-discharge achievements.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your discharge code was issued without error or injustice, and that corrective action is not warranted. 
  
You are entitled to have the Board reconsider its decision upon the submission of new and material evidence.  New evidence is evidence not previously considered by the Board.  In the absence of sufficient new and material evidence for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction.   
 
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,