DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8586-16 NOV 29 2017 Dear : This is in reference to your application for correction ofyour naval record pursuant to the provisions ofTitle 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 threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 25 October 2017. The names and votes ofthe members ofthe 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, relevant portions ofyour naval record and applicable statutes, regulations and policies. You enlisted in the Navy and began a period ofactive duty on 24 August 2000. You served for two year and four months without disciplinary incident, but during the period from 1 January 2003 to 3 July 2003, you received nonjudicial punishment (NJP) on two occasions. Your offenses were unauthorized absence (U A) from your unit and failure to obey a lawful order. On 23 August 2004, you were honorably released from active duty at completion ofrequired service and assigned an RE-4 (not recommended for retention) reenlistment code and unsatisfactory professional growth. To satisfy professional growth criteria for first reenlistment the member must be: Serving as a petty officer or Serving in paygrade E3 having passed an examination for advancement to paygrade E4 and be currently recommended for advancement, or Have formerly been a petty officer in current enlistment and be currently recommended for advance to paygrade E4. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors and your claim that you were late for curfew and received NJP and that you didn't want to leave a shipmate behind. You stated you left the military with good standards, you were awarded Sailor ofthe Day for working hard onboard ship and you attempted to take the third class test before you got busted down. The Board concluded these factors were not sufficient to warrant a change in the reenlistment code because ofthe seriousness ofyour misconduct that resulted in two NJPs and the assignment ofthe RE-4 reentry code due to your failure to meet professional growth criteria. 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 ev1dence not previously 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