DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06574-07
28 May 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 May 2008. 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 the evidence submitted was insufficient
to estabiish the existence of probable material error or
injustice.
You enlisted in the Navy on 10 March 1986 at age 20. You served
without incident for over two years until 21 April 1988 when you
began a period of unauthorized absence (UA) that lasted 367 days,
ending on 24 April 1989. on 9 August 1989, you were convicted by
special court-martial (SPCM) of that period of UA and sentenced
to a reduction in paygrade, a forfeiture of pay, confinement, and
a bad conduct discharge (BCD). You received the BCD after
appellate review was completed and were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall period of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
reenlistment code given your conviction by SPCM for a period of
UA lasting over a year. In this regard, an RE-4 reenlistment
code is required when an individual is discharged due to
misconduct. 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,
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