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

Docket No:  1170-19             
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 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 28 October 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 would not materially add to its 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 10 February 1999.  On 5 September 2001, you applied for conscientious objector status.  You also indicated that you did not desire to be screened for noncombatant military duties or receive a limited duty designator.  On 7 October 2001, the Investigating Officer recommended approval of your request.  On 14 October 2001, your commanding officer (CO) recommended approval.  On 29 October 2001, the separation authority concurred, and approved the discharge with an honorable characterization of service. On 19 November 2001, you were so discharged with a reentry (RE) code of RE-3C and acknowledged that reenlistment would be denied without approval from BUPERS. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your RE code, and your assertions that you studied history, and now believe the 2nd Amendment is necessary to protect citizens from government tyranny, and that a military is necessary to “protect us from the Hitlers, Stalins and Maos of the world.” The Board also considered your assertion that, if you had the information in 2001 you have now, you never would have left the military, and now recognize your error in judgment.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your reentry code given your application, which resulted in your claiming and being granted conscientious objector status.  The Board noted that you may seek the assistance of a recruiter in applying for a waiver of this 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. 

Sincerely, 


11/27/2019