Docket No: 0097-19 
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. 
 
Although you did not file your application 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 9 September 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 2 April 1986.  Between 17 April and 3 July 1986, you failed three tests at recruit training.  You were counseled each time, warned that continued deficiencies in conduct or performance could result in administrative separation, and referred to the Academic Review Board (ARB), which recommended that you be placed on mandatory night study.  On 10 July 1986, an Academic Training Division (ADT) evaluation indicated your need for improvement in phonics, comprehension, and study skills, and you were assigned to Academic Remedial Training (ART).  On 25 July 1986, you were counseled for sleeping in the USO lounge during school hours.  On 19 and 22 August 1986, you were counseled for unauthorized absence (UA) from musters.  On 25 August 1986, after repeated remedial testing failures, you were again referred to the ARB, which recommended entry-level separation for incapacity due to repeated academic failure.  On 26 August 1986, you were removed from training.  On 4 September 1986, administrative discharge action was initiated to separate you from the naval service, and on 18 September 1986, you received an uncharacterized discharge. 
 
You request the Board upgrade your discharge to honorable and remove your reentry (RE) code of RE-4.  Additionally, you state that your rank should be E-2.  You assert that you were discriminated against based on race, and that your commanding officers were “bigots” and singled you out unjustly.  You state that you want your records updated and all benefits returned to you.  In support of your petition, you attached copies of your Associate Degree transcripts and diploma.   
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions, and concluded that these factors were insufficient to warrant a change to your discharge given your documented academic failure.  With respect to your contention of racial discrimination, the Board noted that you provided no evidence to support that contention.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Additionally, the Board found no error in the records regarding your rank.  The Board noted your post-service accomplishment of completing your degree, however, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage 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.