Docket No: 2363-18
Ref: Signature date 

Dear 

This letter 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 Navy on According to the information in your record, you 
received an Enlistment Performance Evaluation Counseling Report which stated in part that you 
received a mark of 2.0 in professional performance on your evaluation ending due 
to not making any progress after three months in training for a “ and for 
“sleeping” during duty hours “in direct violation of orders.” On you received a 
mark of 2.8 in military behavior, due to your being “lax” in obeying commands and regulations. 
On you also received a mark of 2.8 in military appearance for being “very 
careless with [your] appearance.” On you received non-judicial punishment 
(NJP) for assault. Accordingly, on you were released from active duty and 
transferred to the naval reserve with an honorable characterization of service and an RE-4 
reenlistment code. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire 
to change your RE-4 reenlistment code, your contention that there is no evidence in your record 
to support your receiving an RE-4 reenlistment code, and your contention that you were never 
provided a reason on why you received an RE-4 reenlistment code. However, the Board 
concluded that these factors were insufficient to warrant relief given your misconduct and 
derogatory performance counselings. 

Regarding your contentions that that there is no evidence in your record to support your 
receiving an RE-4 reenlistment code, and that you were never provided a reason why you 
received an RE-4 reenlistment code, the Board noted that the record contains documented 
evidence which is contrary to your contention. As previously stated, the record clearly shows 
that on you received a derogatory performance counselings, 
and on you received an NJP for assault. The Board noted that an RE-4 
reenlistment code is specifically authorized when an individual has misconduct in their record. 
The Board further noted that an individual separated with misconduct in their record often 
receives a general (under honorable conditions) or an other than honorable characterization of 
service. Accordingly, the Board determined that you were assigned the most appropriate 
reenlistment code based on your situation. 

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 submission of new matters. 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.