DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4869-18 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 24 July 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 1 August 1986. On 9 February 1988 and 21 April 1989, you received nonjudicial punishment (NJP) for absence from your unit and driving a vehicle with an unauthorized sticker on the windshield. On 15 November 1989, you were convicted by special court-martial (SPCM) of an unauthorized absence. Subsequently, an administrative discharge board (ADB) found that you committed misconduct and recommended administrative discharge be suspended for a period of one year, but that the character of service be other than honorable (OTH). The commanding officer (CO) recommended immediate discharge with an OTH character of service. The discharge authority directed an immediate discharge with a reentry code of RE-4. On 20 March 1990, you were discharged. The Board carefully considered your request to change your reentry code, submission of post- service certificates and contention that your reentry code should have been changed when your discharge was upgraded by Naval Discharge Review Board (NDRB) 15 years ago. You explain that there are three main reasons why your reentry code is unjust: (1) when NDRB approved your request to upgrade your discharge, you assumed your reentry code would also have been changed; (2) when you appeared at the NDRB hearing, none of the members mentioned to you that your reentry code change was an item; and (3) the request form for discharge review does not state that the reentry code change is a separate matter. In regard to your contention, the Board noted there is no evidence in your record and you submitted none to support your contention that NDRB changed your character of service. Your record contains a 29 December 1998 NDRB decision denying an upgrade to your discharge. In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service. The Board considered your contentions, and submission of post service accomplishments, but concluded the seriousness of your repeated misconduct that resulted in two NJPs and a SPCM conviction warranted the discharge and reentry code. 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.