DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  8421-19 
Ref: Signature date 

Dear

This is in reference to your application of 22 July 2019 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 24 February 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 10 April 2013.  On 18 November 2016, you received non-judicial punishment (NJP) for violation of lawful order.  Subsequently, an administrative action to separate you from the naval service was initiated for misconduct – serious offense.  On 7 December 2016, you elected to consult with military counsel.  On 27 January 2017, you were separated with a general (under honorable conditions) characterization of service and were given an RE-4 reentry code. 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your reentry code, and assertions that you were a valuable Sailor for most of your military career, received positive evaluations and excelled in your rate.  The Board also considered your assertions that personal issues and an abrasive work atmosphere led to your early departure, but you wish to reenlist.  The Board concluded these factors and assertions were not sufficient to warrant a change to your reentry code, given your misconduct, which resulted in NJP.  The Board noted all services can waive an RE-4 reentry code during the enlistment process.
 
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,