DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 2089-09
7 April 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 31 March 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.
You were honorably discharged from the Army in early 1979 after
more than five years of active duty. At that time you were
assigned an RE-3 reenlistment code. On 6 November 1979 you
enlisted in the Navy. During February 1980 you were charged with
about seven days of lost time after you were delivered to civil
authorities on an arrest warrant. You were subsequently
convicted on a fraudulent check charge, were sentenced to a fine
and to provide restitution. Subsequently, you were an
unauthorized absentee on two occasions totaling about 32 days for
which there is no disciplinary action in the record.
On 27 March 1981 you received nonjudicial punishment for criminal
libel.
A general court-martial convened on 10 April 1981 and convicted
you of wrongful appropriation of about $3,300 and multiple
specifications of writing bad checks. The court sentenced you as
mitigated to reduction to paygrade E-1, forfeiture of $250 pay
per month for 10 months, confinement at hard labor for 10 months
and a bad conduct discharge. The bad conduct discharge was
issued on 22 March 1982.
In its review of your application the Board carefully weighed al]
potentially mitigating factors, such as your prior honorable
Service in the Army and your contention in effect, that the Navy
did not grant you the proper waiver for the RE-3 reenlistment
code and consequently your enlistment in the Navy was improper.
A review of your preenlistment documents shows that you submitted
a statement concerning the RE-3 reenlistment code and this
information was considered in the decision to authorize your
enlistment. Therefore, the Board found that these factors and
contention were not sufficient to warrant recharacterization of
the bad conduct discharge given the serious nature of your
offenses. The Board concluded that the discharge was proper as
issued and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that you maybe eligible for veterans' benefits
based on your first period of honorable service. Therefore, if
you have been denied benefits, you should appeal that denial
under procedures established by the Department of Veterans
Affairs.
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,
Executive or
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