DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 7886-10
6 April 2017
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 5 April 2011. 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 entered active duty in the Navy on 16 February 1979. You
received nonjudicial punishment on nine occasions, and were
convicted by summary and special courts-martial. Your offenses
included unauthorized absence (seven specifications totaling 35
days), failure to obey a lawful order (five specifications),
disrespect (three specifications), absence from your appointed
place of duty (four specifications), and wrongful possession of
marijuana. You were notified that your commanding officer was
recommending you for administrative separation with an other
than honorable (OTH) characterization of service due to
misconduct. You waived your procedural right to an
administrative discharge board (ADB). On 12 May 1982, you
received an OTH characterization of service due to misconduct,
and were assigned an RE-4 (not recommended for retention)
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation that you have stopped using drugs. However, the
Board concluded that your discharge should not be changed due
to your numerous acts of misconduct and drug possession. The
«Board found that you waiveé® your right to an ADB, your best
#opportunity for retention“or a better characterization of
service. You are.advised that no discharge is upgraded
- automatically dué solely 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 ofitediad.
records. Consequently, when applying fora correction of an
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
tees
Executive D
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