DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9751-19 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 16 December 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 9 July 1998. Your available records indicate that by November 1998, you were meeting with the chaplain almost daily to discuss issues of homesickness and family concerns and stated that you “would do whatever it took to be discharged.” On 25 November 1998, the commanding officer (CO), USS recommended that you be separated from naval service and noted that your inability to adapt significantly interfered with your performance. On 25 November 1998, you were discharged from the Navy on the basis of Entry-Level Performance and Conduct, and received an uncharacterized discharge and a reentry (RE) code of RE-4. In your petition to the Board, you ask for a change to your RE-4, and state that you were serving to the best of your abilities. You also note that you did not have any behavior incidents or insubordination during your service, and that you would like to join the National Guard or the Fire Department but your RE-4 precludes you from doing so. You also contend that your chain of command led you to believe you would receive a general (under honorable conditions) (GEN) characterization of service, rather than an uncharacterized discharge. The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your contention that your CO made an error in signing an uncharacterized discharge. The Board also considered that your discharge was predicated by a failure to adapt to naval life, rather than misconduct. Nonetheless, the Board noted that you appeared to have been unable to find success in the Navy. Pursuant to regulatory guidance, an individual may be separated with an uncharacterized discharge if he or she is notified of administrative separation proceedings within 180 days of the start of their active duty service. The Board reviewed your record and found that you were notified within the 180-day period, and that you served a total of 4 months and 16 days in the Navy. There is no evidence in the record, and you did not provide any, to support your contention that you were led to believe you would receive a GEN characterization of service. Given the brevity of your service, and the recommendation of your chain of command, the Board found that an uncharacterized entry-level separation with an RE-4 was appropriate. Finally, the Board noted that the assignment of an RE-4 for Entry-Level Performance and Conduct separations is consistent with regulatory guidance, and is neither erroneous nor unjust. 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, 1/27/2020