_ DEPARTMENT OF THE NAVY
" BOARD FOR CORRECTION OF NAVAL RECORDEc
‘ 2 BAVY ANNEX Docket No: 1576-09
. : WASHINGTON DO 20370-5100
8 June 2009
This is in reference towyour application for correction of your
naval record pursuant tothe 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 June 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 17 June
1987. You received two nonjudicial punishments for offenses that
included an unauthorized absence, willful disobedience of a
lawful order, and disrespect. ,
A special court-martial convened on 15 November 1990 and found yu
guilty of assault and dereliction of duty. The court sentenced
you to confinement for three months, forfeiture of $482.00 per
month for three months, and a bad conduct discharge. You
received the bad conduct discharge on 12 July 1991 and were
assigned an RE-4 reentry code. .
In its review of your application, the Board carefully considered
your unsubstantiated contention to the effect that you were a
victim of racial discrimination and unfair treatment, which
contributed to your acts of indiscipline, but considered it
insufficient to warrant the approval of -your~-request for
corrective action.
Applicable regulations require the assignment of an RE-4 reentry
code when a Sailor receives a punitive discharge. Since the RE-4
reentry code was properly assigned in your case and as you have
been treated no differently than others in similar situations,
there is no basis for changing your reentry code. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It 1s 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.
Consequentiy, 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 PFI
Executive
Copy to: The American Legion
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