Docket No: 10549-18 Ref: Signature date Dear This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was 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 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. You enlisted in the Naval Reserve on You served on active duty from until when you were released to the Naval Reserve after completion of required active service. Your record is incomplete in that it also does not contain all of the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were administratively discharged by reason of unsatisfactory participation in the Naval Reserve. You received a general characterization of service on and assigned a RE-4 (not recommended for reenlistment) reentry code. The Board considered your request for a change to your RE code and your contention that you were dealing with domestic difficulties at the time and unable to attend drill periods. Specifically, the Board considered your contention that your son’s mother was in a relationship with a dangerous, abusive drug dealer and both of their lives were in danger. You contend you failed to make your reserve drills because you were dealing with the stress and searching for your son. The Board also considered your desire to serve again after twelve years in the construction industry and your son safely in your custody. The Board noted the record and your submission do not indicate you notified your command of your personal situation. The Board considered your contentions but, unfortunately, absent some information that you attempted to use or even notify your chain of command at the time of the events, did not find evidence of an error or injustice that warrants changing your RE code to allow for reenlistment. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the 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.