DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	       WASHINGTON DC 20370-5100
	
		CRS
Docket No: 8711-05
24 January 2007

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 24 January 2007. 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 27 December 1984. A special court-martial convened on 4 March 1986 and found you guilty of an unauthorized absence of 126 days, from 12 October 1985 to 12 February 1986. The court sentenced you to confinement at hard labor for 100 days, forfeitures of $250 per month for three months, reduction in rank, and a bad conduct discharge. You received a bad conduct discharge on 6 March 1987. At that time, you were assigned a reenlistment code of RE-4.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your good post service conduct and all of your other contentions, including racial and religious discrimination. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge or a change in the reason for discharge, due to your unauthorized absence of more than four months. With regard to your contentions the Board found that you submitted no evidence of religious or racial discrimination nor was there any in your record. Based on the foregoing, the Board concluded that no change to the discharge is warranted.

Applicable regulations require the assignment of an RE-4 reenlistment code when an individual receives a punitive discharge as the result of the sentence of a court-martial. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of your reenlistment code. 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,

ROBERT D. ZSALMAN
Acting Executive Director

Copy to: Veterans of Foreign Wars

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