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

Docket No: 4816-18
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 that 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
13 May 2019. 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 and began a period of active duty on 28 August 2007. You served without disciplinary incident for nearly three years. On 16 March 2010, you received non- judicial punishment (NJP) for drunkenness. On 23 March 2010, you received a second NJP for driving under the influence. On 24 March 2010, Commander, Submarine Squadron  recommended that you be administratively separated from the naval service (by reason of misconduct due to commission of a serious offense) with a general (under honorable conditions) characterization of service and recommended that you receive a reentry (RE) code of RE-4.Commander, Submarine Squadron  noted that you failed to comply with Navy Standards as evidenced by two alcohol-related incidents in less than a week. You were advised of, and waived, your procedural rights, to include your right to consult with legal counsel. You were discharged from the Navy on 8 April 2010, for misconduct due to commission of a serious offense, and received a general characterization of service and an RE-4.

Your request a change to your RE-4 code so that you may reenlist and serve your country. You state that you were not “squared away” as a Sailor and that you “own 100%” of your actions.
You ask that the Board allow you to correct your past faults in the form of re-enlisting so that you may return to military service.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors in your case, including your desire to return to military service. The Board noted however, that your record reflects two alcohol-related incidents within a short period of time. The Board found that your desire to return to military service did not overcome your misconduct and that the RE-4 was appropriately issued. The Board, in its review, discerned no probable material error or injustice in the discharge and determined that corrective action is not warranted.

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.

Sincerely,