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ix DEPARTMENT OF THE NAVY
5 DZ BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Cy
BUG
Docket No: 7940-09
13 May 2010
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 11 May 2010. 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 entered active
duty in the Navy on 13 November 1986. Your urinalysis at
recruit training was positive for the wrongful use of drugs.
You received nonjudicial punishment, a summary and special
court-martial for wrongful use of a controlled substance, two
periods of unauthorized absence totaling 100 days, failure to
go to your appointed place of duty, disobeying a lawful order,
and breaking restriction. You were notified that your
commanding officer was recommending you for administrative
separation with an other than honorable (OTH) discharge for
commission of a serious offense. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 4 September 1984, you received an
OTH discharge for commission of a serious offense, and were
assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, and
post service good conduct. However, the Board concluded that
your OTH discharge should not be changed due to your repeated,
serious misconduct. You are advised that no discharge is
automatically upgraded due merely to the passage of time. The
Board found you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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