Docket No. 4791-19 
Ref: Signature date 
 
MR  
  
 
Dear Mr.: 
 
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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their 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. 
 
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 6 July 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 21 September 1972.  On 23 January 1973, you received nonjudicial punishment (NJP) for being absent from your appointed place of duty.  On 3 July 1973, you received NJP for Failure to Obey a Lawful Order.  On 28 September 1973, you received NJP for Unauthorized Absence.  On 7 January 1974, a Resident Evaluation Board recommended your release from active duty after successful drug rehabilitation.  Subsequently, administrative discharge action was initiated by reason of Unsuitability Due to Drug Use.  On 11 January 1974, you waived your right to submit statements and requested an early discharge. Your request was approved, and you received an Honorable characterization of service, along with a Reenlistment Code of RE-4, on 16 January 1974. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code and assertions that had the Navy placed you in the Seabees, you would have served a career in the Seabees.  The board noted that you were only told you “could” be placed in Seabees; you were not guaranteed that you would indeed be placed in the Seabees.  The Board also considered your assertions that you would like to apply for federal employment. However, the Board ultimately concluded these factors and assertions were not sufficient to warrant a change to your reentry code given your misconduct, which resulted in three NJPs.  Finally, the Board noted you waived your procedural rights in connection with your administrative separation.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service. 
 
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,