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

Docket No: 8480-19 
Ref: Signature Date 


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 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. 
Regarding your request for a personal appearance, the Board determined a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy on 15 February 2001.  On 17 September 2001, you received nonjudicial punishment (NJP) for a five-hour unauthorized absence.  On 29 October 2003, you received a second NJP for two instances of failure to obey a regulation and wrongful appropriation when you used your government credit card to purchase an exotic dancer and an unauthorized rental car.  On 29 January 2004, you received a third NJP for being derelict in the performance of your duties by failing to perform your watch and sleeping in the briefing room.  On 19 March 2004, you received a fourth NJP for failure to obey a regulation by not paying your government credit card bill.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to pattern of misconduct.  After you waived your procedural rights, the discharge authority directed that you be discharged with a general, under honorable conditions (GEN), characterization of service by reason of misconduct.  On 31 March 2004, you were discharged 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 statement that you have realized the mistakes of your youth after maturing and 
having a family and you would “like to rectify them by providing an example” to your children 
and serving your country again.  The Board, noting you did not provide any supporting documentation, concluded there is insufficient evidence of an error or injustice warranting 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.