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

Docket No: 8355-18              
Ref: Signature date 

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 you did not file your application 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 6 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 6 November 2002.  On 15 November 2002, administrative discharge action was initiated based on defective enlistment due to erroneous entry as evidenced by a confirmed positive urinalysis for marijuana.  On 21 November 2002, you received an uncharacterized entry level separation and a reenty (RE) code of RE-4. 

You requested the Board consider changing your RE code from RE-4 to an RE-3 code so that you would be eligible to reenlist.  You asserted that this incident happened over 10 years ago and you have tried to get back in the military, 6 years ago and a few months ago.  You stated you have grown, have a federal job now, and would like to serve your country in the reserves. 

The Board carefully weighed all potentially mitigating factors and your contentions, but concluded these factors were not sufficient to warrant a change to your RE code given your misconduct.  With regard to your contention, there is no provision of law or in Navy regulations that allows for a change to your RE code due solely to the passage of time. The Board discerned no material error or injustice in your RE 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 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,