D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 169-99
27 May 1999
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Na-1
Records, sitting in executive session, considered your
application on 19 May 1999. 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, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on
14 December 1992 for four years at age 18. The record reflects
that you served without incident for more than eight months.
However, during the two month period from August to September
1993 you received two nonjudicial punishments for two periods of
unauthorized absence (UA) totalling about 12 days, absence from
your appointed place of duty, and two instances of disobedience.
On 2 February 1994, you were convicted by special court-martial
of a 31 day period of UA from 26 October to 26 November 1993, and
misappropriation of an automobile belonging to another
serviceman. You were sentenced to confinement at hard labor for
90 days, forfeitures of $250 per month for three months, and a
bad conduct discharge. On 25 July 1994, the convening authority
approved the sentence, but suspended that portion extending to
confinement in excess of 60 days for a period of 12 months. The
Navy-Marine Corps Court of Criminal Appeals affirmed the findings
and the sentence on 10 January 1995. On 4 April 1996 you
received the bad conduct discharge and an RE-4 reenlistment code.
In its review of your application, the board carefully weighed
all potentially mitigating factors such as your youth and
immaturity. The Board noted your contention that the confinement
and forfeitures were enough punishment, but the bad conduct
discharge has ruined your life. The Board concluded that the
foregoing factor and contention were insufficient to warrant
recharacterizaton of your discharge given your record of two NJPs
and a conviction by a special court-martial in only 14 months of
service. Trial by special court-martial was warranted by the
seriousness of the offenses charged. The conviction and
discharge were effected in accordance with applicable law and
regulations, and the discharge appropriately characterizes your
service. When an individual receives a punitive discharge, an
RE-4 reenlistment code is required. You have provided neither
probative evidence nor a convincing argument in support of your
application. The Board concluded that the discharge and
reenlistment code were proper and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
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 submission of new and material
evidence or other matter not previously 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,
W. DEAN PFEIFFER
Executive Director
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