DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7433-19 Ref: Signature date 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 4 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 11 February 2003. On 10 March 2004, you received nonjudicial punishment (NJP) and a subsequent Page 13 counseling for failure to follow proper maintenance procedures, resulting in the damage to a B-4 stand used for aircraft maintenance. Approximately six months later, after a preliminary investigation by your command, on 15 October 2004, you received a second NJP for three specifications of unauthorized absence (UA). Subsequently, you were notified of administrative proceedings to separate you from the naval service on the basis of a pattern of misconduct, with a recommendation for an honorable characterization of service. Your commanding officer (CO), Patrol Squadron 40, recommended the honorable characterization of service but stated that in light of your second appearance at NJP in over six months, and based on all aspects of your performance, discharge under the notice process was appropriate. You were discharged from the Navy on 3 December 2004, on the basis of a Pattern of Misconduct, and received an honorable characterization of service and a reentry (RE) code of RE-4 (not recommended for reenlistment). You request a change to your RE-4 code so that you may reenlist in the military again. You feel that the RE-4 code was not justified by your actions. You contend that you had a new Captain at the time, and believe that you were used as an example to others. You also note that you were having marital problems due to a deployment at the time of your misconduct. You now wish to have a fresh start and rejoin the military. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors in your case, including your desire to return to military service and your contention that you were made an example of by your Captain. The Board noted that you have two NJPs in your record for four separate infractions (failure to follow proper maintenance procedures and three specifications of UA). Even in consideration of your marital difficulties and your claim that you were used as an example to others, the Board found that your CO had the authority to initiate separation procedures using the notice process, and that the RE-4 code was authorized. Given your two instances of NJP within the period from March 2004 through mid-October 2004, the Board determined that the CO initiated separation without error or injustice and that the resultant RE-4 was properly assigned. Accordingly, the Board concluded that your RE-4 code was issued without error or injustice given your two instances of NJP within a relatively short period 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. Sincerely, 12/9/2019