DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9080-07
26 September 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 3 September 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 11 December
1980. You received five nonjudicial punishments and were
convicted by a special court-martial. Your offenses included
failure to obey a lawful order, possession of alcohol in the
bachelor enlisted quarters, willful disobedience to an officer,
absence from appointed place of duty, breach of good order and
discipline, housebreaking, damaging military property, and
assault on a second class petty officer.
A second special court-martial convened on 16 July 1984 and found
you guilty of two periods of unauthorized absence totaling five
days and possession of marijuana. The court sentenced you to
confinement at hard labor for 90 days, forfeiture of $250 per
month for three months, and a bad conduct discharge. You were
discharged with a bad conduct discharge on 22 April 1985 and were
assigned a reenlistment code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, the passage
of time, and the contention that you had previously received a
general discharge. The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge,
given the nature and severity of your offenses. In this regard,
there is no evidence that you previously received a general
discharge.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual receives a bad conduct
discharge. Since you have been treated no differently than
others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
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,
NAVY | BCNR | CY2008 | 01400-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 September 2008. Your request was approved by the discharge authority, and you received an undesirable discharge and a reenlistment code of RE-4 on 17 November 1972. 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.
NAVY | BCNR | CY2008 | 02079-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 06215-07
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 establish the existence of probable material error or injustice.On 2 November 1998, you enlisted in the Marine Corps at age 19. Given your BCD that resulted from a...
NAVY | BCNR | CY2008 | 06774-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 2009. In this regard, an RE-4 reenlistment code is required when an individual is discharge due to misconduct. 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.
NAVY | BCNR | CY2007 | 08116-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 2008. During your enlistment, you received four disciplinary actions for periods of unauthorized absence (UA) totaling more that five days. 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.
NAVY | BCNR | CY2001 | 03454-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 12 September 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. received the bad conduct discharge on 11 December 1953. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 02605-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 05833-07
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 the BCD was approved at all levels of review, on 9 March 1998, you were so discharged and assigned an RE-4 reenlistment code. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2001 | 08187-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2001. 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. Applicable...
NAVY | BCNR | CY2003 | 00382-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2003. 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. However, the Board...