DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
            
Docket No:  11576-19             
Ref: Signature date 

This is in reference to your application of 6 December 2019 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 9 March 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, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 3 October 2006.  Administrative discharge action was initiated on the basis of a pattern of misconduct.  You were separated with a general (under honorable conditions) characterization of service on 30 December 2009 for a pattern of misconduct.  You were assigned an RE-4 separation code. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your reentry code, and assertions you are not looking to make excuses for your mistakes and became a man of honor and integrity.  The Board also considered you did a lot to be successful, grow as a person and would like the chance to serve your country again.  Finally, the Board considered your assertion that you were dealing with a sexual assault on your wife and her miscarriage.  The Board concluded these factors and assertions were not sufficient to warrant a change to your reentry code, given your misconduct.  Your original service record was incomplete and did not contain documentation pertaining to your separation from the Navy.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith and in accordance with governing law and policy. 

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. 
      
Sincerely, 

4/13/2020