DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 06774-08
8 May 2009
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 5 May 2009. 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 establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
26 January 1979 at age 19. On 24 January 1981, you received
nonjudicial punishment (NUP) for disobedience. On 15 September
1982, you were convicted by general court-martial (GCM) of three
specifications of attempting to sell, possessing, and
transferring cocaine. You were sentenced to confinement at hard
labor, a forfeiture of pay, a reduction in paygrade, and a bad
conduct discharge (BCD). You received the BCD after appellate
review was completed. At that time, you 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, overall
record of service, the character letters accompanying your
application, post service achievements, and statement from the
American Legion dated 15 August 2008. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge, changing the reason for
your discharge or a change in the reenlistment code, which was
based on your disciplinary record. In this regard, an RE-4
reenlistment code is required when an individual is discharge 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,
layed
W. DEAN PHS
Executive |DYx tor
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