DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2605-08
20 November 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 19 November 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.
On 3 April 1986, you enlisted in the Navy at age 18. On
23 December 1986, you had nonjudicial punishment (NJP) for use
of a controlled substance. During the period 17 August 1987 to
22 February 1988, you were in an unauthorized absence (UA)
status on six occasions totaling about 67 days. On
24 February 1988, you had NUP for unspecified periods of UA.
During the period 1 July 1988 to 15 February 1989, you were in
a UA status on four occasions totaling about 211 days. On
13 April 1989, you were convicted by a special court-martial
(SPCM) of the four periods of UA totaling 211 days. Your
sentence included confinement, forfeitures of pay, reduction in
rank, and a bad conduct discharge (BCD). During the period
12 May to 22 July 1989, you were in a UA status on five
occasions totaling about 53 days. On 2 August 1989, you had
NIP for the five periods of UA totaling 53 days. After the BCD
was approved at all levels of review, on 23 February 1990, you
were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
regret for your misconduct, post service achievements, and
desire to reenlist. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge or changing the reenlistment code due to the
seriousness of your misconduct, specifically, more than 11
months of total UA. Furthermore, regulations direct assignment
of an RE-4 reenlistment code to service members who are
discharged as a result of being convicted by a SPCM.
Therefore, the Board concluded that the discharge was proper as
issued and no changes are 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 PFE
Executive Di Lr
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