DEPARTMENT OF THE NAVY
- BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 20370-5160
TUR
Docket No: 9517-08
19 August 2009
This ig in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 18 August 2009. The names and votes of the
members of the panel will be furnished upon request. 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 ofthe entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Naval Reserve on 21 June 1989 at age 18 and
began a period of active duty on 18 August 1989. You served
without disciplinary incident until 12 March 1990, when you were
convicted by summary court-martial (SCM) of a 42 day period of
unauthorized absence (UA). You were sentenced to confinement on
bread and water for three days, confinement at hard labor for 17
days, and a $250 forfeiture of pay. Shortly thereafter, on 29
May 1990, you were convicted by special court-martial (SPCM) of a
21 day period of UA and wrongful appropriation of a vehicle
valued in excess of $100. You were sentenced to confinement for
three months, a $1,425 forfeiture of pay, and a bad conduct
discharge (BCD). Subsequently, the BCD was approved at all
levels of review and on 20 March 1991 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 potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge and change your reenlistment code. It also considered
your assertion that your punishment was harsh and unjust.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your BCD or a change
of your reenlistment code because of the seriousness of your
repetitive misconduct which resulted in two court-martial
convictions for lengthy periods of UA from the Navy, both of
which terminated in apprehension. Accordingly, your application
has been denied.
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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