DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8550-16 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of title 10 ofthe United States Code, section 1552. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute oflimitations and consider your application on its merits. A three member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 19 April 2017. The names and votes ofthe members of the panel "' will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. You began a period ofactive duty in the Navy on 9 July 2009. On 10 February 2010, you received nonjudicial punishment (NJP) for failure to obey a lawful order and destroying or damaging military property. On 24 February 2010, you were notified ofproposed administrative separation proceedings by reason of misconduct due to a commission of a serious offense. You waived your right to counsel and to submit a statement on your behalf. On 5 March 2010, you were discharged with a general (under honorable conditions) characterization ofservice and a reentry code ofRE-4. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material or injustice. The Board carefully weighed your desire to change your reentry code so that you could reenlist in the armed forces, your assertion that you were inunature, and that you were newly married at the time ofthe NJP and that you simply wanted to return home. The Board considered that your Commanding Officer noted that your actions undermined good order and discipline, and that they indicate an unwillingness to conform to the rules and regulations ofthe naval service. The Board relied on the recommendation ofyour Commanding Officer when finding that the RE-4 reentry code was appropriately assigned. Lastly, an unfavorable "RE" code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Accordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence notpreviously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director