DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1906-17 
OCT 09 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title l0, 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 of limitations and consider your application on its merits. A three­
member panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application oti 29 June 2017. The names and votes of the members of the panel 
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 this Board. 

Documentary material considered by the Board consisted of your application, together with all 
material submitted in support thereof, your naval record, and applicable statutes, regulations, and 
policies. 

You enlisted in the Navy and began a period of active duty on 22 July 1999. On 24 May 2000, you 
received nonjudicial punishment (NJP) for wrongful use of steroids, four specifications of 
attempting to unlawfully import a controlled substance, and attempted unlawful entry. 

Subsequently, administrative discharge action was initiated by reason of misconduct due to 
commission of a serious offense. After you waived your procedural rights, your Commanding 
Officer recommended discharge under other than honorable (OTH) conditions by reason of 
misconduct due to commission of a serious offense. The discharge authority approved this 
recommendation and directed separation under OTH conditions by reason of misconduct due to 
commission of a serious offense. On 19 July 2000, you were so discharged. At that time, you were 
assigned an RE-4 (not recommended for reenlistment) reentry code. In this regard, you were 
assigned the most appropriate reentry code based on your circumstances. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 
The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors and your desire to be a productive member of society. The Board concluded 
these factors were not sufficient to warrant relief in your case given the seriousness of your misconduct. In this regard, the Board concluded the severity of your misconduct outweighed your desire to upgrade your reentry code and clearly supported the Commanding Officer's decision to issue you a RE-4 reentry code. The Board also noted your DD Form 214 indicates you were properly separated without an administrative discharge board (ADB). By waiving your procedural right to present your case to an ADB, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. Finally, there is no provision of federal law or in Navy regulations that allows for a discharge upgrade, recharacterization ofservice, or a change in a reentry code due solely to the passage oftime. Accordingly, your application has been denied. 

ft is regretted that the circumstances of your 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. ew evidence is evidence not previously 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, 


Executive Director