DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 5725-06
15 February 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 13 February 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 23 November 1987 at age 24 and served for nearly a year without disciplinary infraction, but on 23 September 1988 you were convicted by special court-martial (SPCM) of a 168 day period of unauthorized absence (UA). You were sentenced to confinement for 45 days, reduction to paygrade E-1, a $884 forfeiture of pay, and a bad conduct discharge (BCD).

After the BCD was approved at all levels of review, on 21 November 1989 you were so discharged. At that time you were assigned an RE-4 reenlistment code.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertion that your period of UA was due to your mother’s illness. It also considered your desire to upgrade your discharge and change your reenlistment code so that you may pursue a career in the National Guard. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change in the reenlistment code because of the seriousness of your lengthy period of UA from the Marine Corps. Further, an RE-4 reenlistment code must be assigned when a Marine is separated with a BCD. 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,

2