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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
) 701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TDS
BUG
Docket No: 246-12
15 October 2012
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 3 October 2012. 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 enlisted in the Navy and entered active duty on 5 October
1992. You received nonjudicial punishment on two occasions for
failure to go to your appointed place of duty (two
specifications), absence from your appointed place of duty,
abandoning your watch or guard, and wrongful use of marijuana.
You were then 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 21 March 1995, you
received an OTH characterization of service due to misconduct,
and were assigned an RE-4 (not recommended for retention) reentry
code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
numerous acts of misconduct. The Board found that you waived
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 due 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 official records.
Consequently, when applying for a correction of an efficial
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Op. agg a ence
ROBERT D.*ZSALMAN
Acting Executive Director
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