Docket No 4129-21

Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 20 July 2021.  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, relevant portions of your naval record and applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion contained in Navy Personnel Command letter of 30 March 2021 and your response to the opinion.    
 
You requested to amend your DD Form 214, Certificate of Release or Discharge from Active Duty dated 25 October 1993 to reflect Reentry Code “RE-1” vice RE-4 and to receive a Navy pension.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that the RE-4 Reentry Code is correct based on your General Court Martial conviction.  Additionally, you do not meet the eligibility criteria to retire from the Navy and or receive a pension in accordance with Title 10 United States Code 6330, whereby enlisted personnel that complete at least 20 years of active duty service may be transferred to the Fleet Reserve.  A review of your record indicates you served in the United States Air Force (USAF) from 1 November 1965 through 29 February 1969; USAF Reserve from 1 March 1969 through 31 October 1971.  Thereafter you enlisted in the United States Navy (USN) and served from 29 December 1972 through 29 July 1981; USN Reserve from 30 July 1981 through 5 February 1985; and you reentered USN on 6 February 1985.  On 31 August 1992, you were found guilty at a General Court-Martial for violation of Article 92 (14 specifications) and Article 121 and awarded 7-years confinement, forfeiture of all pay and allowances, reduction in rank to E-1, and a dishonorable discharge.  On 31 December 1992, the Convening Authority commuted your dishonorable discharge to a bad conduct discharge.  On 14 September 1993, you were released from confinement and on 25 October 1993, Supplementary General Court-Martial Order Number 39-93 remitted your bad conduct discharge and ordered separation with a general discharge.  At the time of your 25 October 1993 discharge, you served 19 years, 11 months and 29 days.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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, 
            							  8/26/2021
								  Deputy Director