Docket No: 5581-19 
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 20 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 10 December 2008.  On 11 May 2010, you received nonjudicial punishment (NJP) for failure to obey a lawful order and destruction of government property.  You were awarded forfeiture of pay and reduction in rank, which was suspended for six months.  On 11 April 2012, you received a second NJP for assault.  You were awarded extra duties and reduction in rank, which was again suspended for six months.  On 21 June 2012, you received a third NJP for failure to obey a lawful order.  You were awarded forfeiture of pay, and the suspended sentence of reduction in rank was vacated.  On 28 June 2012, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense and a pattern of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Despite your three NJPs, your commanding officer recommended that you be discharged with an honorable characterization of service based on the strength of your work performance.  The separation authority approved your separation from the Navy.  On 31 July 2012, you were counseled that you were not recommended for reenlistment due to your 
misconduct.  On 02 August 2012, you were discharged with an honorable characterization of service and a reentry (RE) code of RE-4. 
 
You request the Board change your RE code to RE-1.  You assert the RE-4 is an error.  You state you were in a very unhealthy relationship for four years with another Sailor while you were in the Navy which caused you to make some bad decisions, but you took responsibility for them and got into trouble as a result.  You claim that since your discharge, you have led an upstanding life and have not had any run-ins with the law.  You have been gainfully employed and/or in school, obtained a personal trainer certificate, and are currently in a nursing program and considering serving in the Reserves with your nursing degree.  In support of your petition, you attached letters of recommendation and your school transcripts.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and found no error in the records.  The Board noted that you signed the counseling entry informing you that you were not recommended for reenlistment.  Lastly, the Board noted your post-service accomplishments; however, there is no provision of law or in Navy regulations that allows for changing your RE code due solely to the passage of time. 
 
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.