Docket No: 10444-19 
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 13 January 2020.  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 16 September 2008.  On 26 April 2013, you received nonjudicial punishment (NJP) for failure to obey a lawful order and false official statement.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank to E-3.  On 22 May 2013, you received an evaluation with an individual trait average (ITA) of 2.00.  Your rater noted you had significant problems, and you were not recommended for retention.  Your rater’s comments included:  “Lack of attention results in rework of nearly every task assigned to him.  Continually leaves tasks in mid-stream for others to complete.”  On August 2013, you received an evaluation with an ITA of 2.17.  Your rater noted you were progressing, but not recommended for retention.  Your rater’s comments included:  “Sailor with potential who lacks the desire to follow guidelines.  Does not take direction well and resists supervision.  Not recommended for advancement to the next grade.”  On 15 September 2013, you were discharged with an honorable characterization of service at the completion of your required active service and transferred to the Inactive Ready Reserve.  You were assigned a reentry code of RE-6. 
You request the Board change your RE code from RE-6 to RE-3.  You assert your RE code is unjust because your “career was abruptly halted as result of error due to faulty ship modernization equipment.”  You claim other watch standers did not properly execute their duties; however, you were the only one receive NJP.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions but concluded these factors were not sufficient to warrant a change to your RE code.  The Board noted your raters did not recommend you for retention.  Additionally, the Board noted a RE-3 code requires a waiver for reenlistment and is assigned when a service member is otherwise eligible for reenlistment except for a disqualifying factor.  In your petition, you did not indicate a specific disqualifying factor. 
 
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.