Docket No: 4659-21 

Dear Petitioner: 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 20 August 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
The Board determined your 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 on 28 May 2010.  On 9 October 2010, the Police arrested you for burglary after you broke into a civilian residence.  While awaiting civilian trial, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense.  After you waived your procedural rights, your Commanding Officer (CO) recommended discharge by reason of misconduct with an other than honorable (OTH) character of service.  The discharge authority concurred with the CO’s recommendation and directed discharge with an OTH characterization of service by reason of misconduct due to commission of a serious offense.  On 29 November 2010, you were discharged with an OTH characterization of service 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 contention you were intoxicated and “looking for shelter in what [you] believed to be an abandoned house.”  The Board also considered your contention you joined the Navy, as a child with “ignorant and selfish motivations,” with plans to “travel the world and have a good time with no responsibilities.”  You further contend you had never been on your own, “knew nothing about real work or being self-sufficient,” and became “depressed, irrational, and an alcoholic.”  The Board further considered your contention that since your discharge, you have “grown into a man,” been married six years, and “gained a deep appreciation for life” by witnessing the birth of your children and the death of one child.  You also contend you are “much more valuable today” and are now “laser-focused” with a “solid work ethic” after working in environments ranging from repelling down high rise buildings to wash windows to repairing conveyor belts deep underground in coal mines.  The Board also considered the advocacy letters submitted on your behalf which describe your post-service character, maturity, and work ethic.  Lastly, the Board noted a RE-4 reentry code is authorized and warranted when one is administratively discharged by reason of misconduct.  Unfortunately, the Board, applying liberal consideration, concluded there was insufficient evidence of an error or injustice that warrants granting clemency in the form of changing your RE-4 reentry code to allow for reenlistment. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to reenlist and your contentions discussed above.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined your misconduct outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
You are entitled to have the Board reconsider its decision upon 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,  
9/1/2021
Executive Director