DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06929-08
21 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 13 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
12 January 1981 at age 21. You served without incident for over
two years until 28 July 1983, when you were convicted by special
court-martial (SPCM) of wrongful distribution and introduction of
Marijuana. You were sentenced to confinement at hard labor, a
forfeiture of pay, reduction in paygrade, and a bad conduct
discharge (BCD). However, on 13 September 1983, the convening
authority suspended your BCD for a period of 12 months, but
approved the remainder of your sentence. You were restored to
full duty after your release from the brig and later discharged
under honorable conditions at the expiration of your enlistment.
At that time, ,you were assigned an RE-4 reenlistment code, and
not recommended for reenlistment.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharye or a
change in the reenlistment code. In this vegqard, an RE-4
reenlistment code is required when an individual is discharged at
the expiration of his term of active obligated service and is not
recommended for retention. 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,
Naame ege
. DEAN PFE
Executive D hg
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