DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 03135-11
17 January 2012
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 12 January 2011. 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 of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
-Yoy enlisted in the Navy and began active duty on 4 September
1990, On 8 February and 2 April 1991, you received nonjudicial
punishment (NJP) for unauthorized absence (UA), two instances of
larceny of personal property, larceny of government property,
and larceny of currency from another Sailor. During the period
from 26 June to 7 December 1992, you had three periods of UA
totaling 157 days. On 19 January 1993, you were convicted by
special court-martial (SPCM) of those periods of UA and
sentenced to a period of confinement, a reduction in paygrade,
and a bad conduct discharge (BCD). You received the BCD on 28
December 1993. At that time you were also assigned an RE-4
reentry code.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded thesé factors were not sufficient to warrant
recharacterization of your discharge given your extensive
disciplinary record consisting of two NJP’s and SPCM conviction
of period of UA totaling over five months.
With regard to your reentry code, and RE-4 reentry code is
required when an individual is discharged due to a court-martial
conviction. 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,
W. DEAN PF
Executive Dikec
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