Docket No: 6560-19                                 
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 26 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 reenlisted in the Navy on 24 September 2018.  On 29 November 2018, you received nonjudicial punishment (NJP) for failing to obey a lawful order or regulation.  Your NJP paperwork indicates that you were advised of your right to consult with legal counsel and to refuse NJP and that you waived your right to full adversary criminal proceedings and waived your right to demand trial by court-martial.  You did not appeal this NJP.  In your performance evaluation covering the period of 16 March 2018 to 29 November 2018, your reporting senior did not recommend you for retention.  Your record is incomplete in that it does not contain the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded all of your procedural rights, the separation authority directed a general (under honorable conditions) (GEN) characterization of service by reason of misconduct due to commission of a serious offense.  You were discharged with a GEN characterization of service on 22 February 2019 and assigned a RE-4 (not recommended for reenlistment) reentry code. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were discharged after your first offense, an offense you “owned” through the entirety of the NJP proceedings.  The Board also considered your remorse for your actions and your contention you have now received therapy and counseling related to your misconduct and desire to serve again.  The Board also considered your contention that you served honorably prior to the offense and upheld the Navy core values to the best of your ability.  However, the Board determined that there was insufficient evidence of an error or injustice in your assignment of a RE-4 reentry code at discharge to warrant a change to your assigned RE-4 reentry 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.