DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
SON
Docket No: 03279-09
22 February 2010
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 17 February 2010. 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
1 February 1989 at age 19. On 21 June 1989, you entered an
unauthorized absence (UA) status and were declared a deserter on
20 July 1989. On 17 October 1989, while still in a UA status,
you were apprehended by civil authorities and charged with first
degree murder and robbery. Subsequently, you were found guilty
of those charges and sentenced to 26 years to life in prison.
On 22 April 1991, administrative discharge action was initiated
to separate you by reason of misconduct due to civil conviction.
You elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 15 May 1991, an ADB
unanimously recommended separation with an other than honorable
discharge by reason of misconduct due to civil conviction. On
13 June 1991, your commanding officer concurred with the ADB’s
findings and forwarded his recommendation that you be discharged.
On 21 October 1991, the separation authority directed an other
than honorable discharge by reason of misconduct due to civil
Conviction. On 30 October 1991 you were so discharged. At the
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 and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
reason or characterization of your discharge, or your
reenlistment code, given your civil conviction and ensuing
incarceration for very serious offenses. In this regard, an RE-4
reenlistment code is required when a Sailor is discharged 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,
W. DEAN P
Executive
tor
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