Docket No: 3006-19                                           Ref: Signature date 

Dear  
 
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 7 November 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 5 July 2011.  On 1 August 2014, you received an Evaluation Report for the period of 16 June 2014 to 1 August 2014 with an Individual Trait Average (ITA) of 2.43.  The comments section, reads, in part:  “Special evaluation submitted to document failure to obtain mandatory Enlisted Surface Warfare Specialist qualification.  is not recommended for retention or advancement in the USN or Naval Reserves.”  On 6 March 2015, you received an Evaluation Report for the period of 2 August 2014 through 4 July 2015 with an ITA of 3.00.  The comments section reads, in part:  “Evaluation submitted upon member’s separation from active duty Naval service.  Member failed fall 2014 cycle Physical Fitness Assessment.   is not recommended for retention or advancement in the USN or Naval Reserves.”  On 28 June 2015, you were discharged with an honorable discharge at the completion of required active service, and assigned a reentry (RE) code of RE-4. 
 
You request the Board change your RE code to RE-1.  You assert you never committed a crime of any kind and you completed the required active service.  The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded that these factors were insufficient to warrant a change to your RE code given your documented performance.   
 
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.