Docket No: 6482-19 
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 21 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 21 August 2008.  On 21 June 2016, you received nonjudicial punishment (NJP) for violation of Article 92 (failure to obey an order or regulation) and Article 121 (wrongful appropriation), Uniform Code of Military Justice (UCMJ), for misusing a government travel card for unauthorized purchases, thereby wrongfully appropriating funds of a value of about $3,938.8.  Your evaluation for the period of 16 March 2016 through 21 June 2016 assigned you an individual trait average of 2.00 and noted that you had been found guilty of violating Article 92, UCMJ, and were awarded 30 days’ extra duty and reduction in one paygrade.  Your evaluation for the period of 22 June 2016 through 19 August 2016 was submitted upon your separation from active duty.  A Body Composition Assessment failure was noted,  You were discharged from the Navy on 19 September 2016, upon completion of your required active service, with an honorable characterization of service and a reentry (RE) code of RE-4. 

You request a change to your RE-4 code to an RE-2 or above to allow you to reenlist in the Navy Reserve and continue your service.  You ask that your honorable discharge be taken into consideration.  You provide a personal statement to the Board and note that you suffered a back injury on the flight deck prior to your period of active duty in Rota, Spain, and that, despite going to medical, you still felt residual pain from the injury.  You state that you would drink to numb the physical pain and, on one occasion, reported to duty while intoxicated.  You state that you self-referred for alcohol treatment, and that, prior to your treatment, you were issued a government travel card.  You add that, during a relapse, you used the card for unauthorized purchases, for which you received NJP reducing you in rank.  As an E-4 with eight years of service, you were not permitted to remain in the Navy.  You ask that your Good Conduct Medal, three deployments, RIMPAC participation, and countless underway periods be taken into consideration.  In your application, you also assert that you were mistreated for not going to rehabilitation for alcoholism and were not afforded an opportunity to speak to an equal opportunity counselor or a lawyer.  You further note that you would not have to be retrained if you were to return to the Navy, that have maintained the qualities from the military, that you have a strong desire to serve, and that you made a costly error but have since re-evaluated some things in your life.  
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your length of active duty, your contentions regarding self-medication with alcohol, and your inference of injustice in the discharge process.  The Board also noted that you appear to have used your government travel card to fund in excess of $3,000.00 worth of purchases.  The Board noted that you did not provide information that establishes a nexus between your struggles with alcohol and your misconduct, nor did you provide supporting evidence to establish that you were deprived of your rights during the separation process.  The Board determined that the issuance of the RE-4 was appropriate given your reduction in rank to E-4 and your length of active-duty service.  The Board took the gravity of your misconduct into consideration when making its determination and found that, despite the fact that you have retained valuable skills and a readiness mindset, your RE-4 does not constitute a probable material error or injustice warranting corrective action.    
 
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 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.