DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 872-13
15 October 2013
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 10 October 2013. 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 enlisted in the Navy and entered active duty on 4 April
1984. You received nonjudicial punishment on four occasions for
using provoking speech or gestures, assault, two periods of
unauthorized absence (UA) totaling four days, making a false
official statement, wrongful appropriation, carrying a concealed
weapon, failure to obey a lawful order, and wrongful possession
and use of marijuana. On 30 October 1986, you were convicted by
a special court-martial (SPCM) of UA, failure to obey a lawful
order, damaging property, larceny, bribery, and making a threat.
The sentence at your SPCM included a bad conduct discharge
eS eee
(BCD). On 8 June 1987, the Navy-Marine Corps Court of Military
Review dismissed three of your SPCM charges and overturned your
BCD. On 28 October 1987, you received an honorable discharge
due to convenience of the government (review action), and were
issued an RE-4 (not recommended for reenlistment) reentry code.
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lly weighed
all potentially mitigating factors, such as your youth and
current desire to upgrade your reentry code. However, the Board
concluded that your reentry code should not be changed due to
your numerous acts of misconduct, drug abuse, and non-
recommendation for reenlistment. The Board believed you were
fortunate to receive an honorable characterization of service,
since once your BCD was overturned, you should have received a
type warranted by service record characterization of service,
which would have been a general discharge. You are advised that
no reentry code is upgraded due merely to the passage of time or
post service good conduct. In view of the above, 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,
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