DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9943-19 Ref: Signature Date This is in reference to your application of 9 September 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 9 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. Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would 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 and began a period of active duty on 7 June 2004. On 16, 17, 18, 22, 23, 29, and 30 November 2005, you were in an unauthorized absence (UA) status. On 7 December 2005, you received non-judicial punishment (NJP) for the above-mentioned UA periods and were awarded forfeiture of pay, restriction, extra duties, and reduction in rank. On 30 May 2006, you began a period of UA that continued until 7 July 2006. Subsequently, an administrative action to separate you from the naval service was initiated for misconduct. On 10 August 2006, you were counseled that you were not recommended for reenlistment and would be assigned a reentry (RE) code of RE-4. After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you receive a general (under honorable conditions) characterization of service and the separation authority approved your separation from the Navy. On 10 August 2006, you were discharged after two years, two months, and four days of service, with a general characterization of service, separation code JKF, a RE code RE-4, and a narrative reason for separation of misconduct – commission of a serious offense. You request that the Board upgrade your discharge to honorable, change your RE code to RE-1, and change your narrative reason for separation to “completion of required active service.” You assert: “The record shows my 43 days of UA. The record does not contain that my request for leave was denied. I formally requested leave to travel back to to appear in court. I had been involved in a fatal accident that I was served to appear in to avoid charges of vehicular homicide. The retention warning notes I was notified my separation was due to misconduct and my reenlistment code was a RE-4 was not clearly explained to me.” The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct, and the Board found no error in the records. The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted, in good faith, in accordance with governing law and policy. Further, 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. Sincerely, 2/23/2020