DEPARTMENT OF THE NAVY 

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

JMP 
Docket No: 5933-17 

OCT 3 


Dear : 
This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. After careful and conscientious 
consideration of the entire record, the 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 oflimitations and consider your application on its merits. A threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 16 August 2018. The names and votes ofthe members of the 
panel will be furnished upon request. Your allegations oferror 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, and 
applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 25 June 1999. It appears you 
served without disciplinary incident until 16 August 2000 when you received nonjudicial 
punishment (NJP) for failure to obey an order and communicating a threat. On 28 November 
2000, it appears you received a second NJP but no details are provided in your record. In your 
evaluation and counseling record (EVAL) covering the period 1 March 2001 to 1 June 2001, your 
EV AL lists a third NJP for using a false identification card in order to indulge in underage 
drinking. The EVAL for that time period also stated you did not meet the minimum Navy 
standards and were not recommended for advancement or retention. Your record is incomplete in 
that it does not contain all ofthe documents pertaining to your administrative discharge. Based 
on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that 
after being afforded all ofyour procedural rights, the separation authority directed separation 
under other than honorable (OTH) conditions by reason ofmisconduct due to a pattern of 
misconduct. You were discharged with an OTH characterization ofservice on 1June2001 and 
assigned a RE-4 (not recommended for reenlistment) reentry code. 

The Board carefully weighed all potentially mitigating factors, your desire to enlist in the U.S. 
Army Reserve, and your contentions that you made poor decisions as a young adult which 
prevented the completion of your moral obligation. Additionally, the Board considered your 
post-service record ofcompleting your bachelor's degree and gaining law enforcement 
experience. The Board concluded you received the correct reentry code because an RE-4 reentry 
code was authorized due to your administrative separation by reason ofmisconduct. 

It 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. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director