DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 637-12
31 October 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title LO 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 24 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
17 March 1987 at age 23. You were counseled on three occasions
for misconduct, failure to comply with a court order to pay
dependent support, unauthorized absence (UA) from your unit for
a period of 15 days and failure to attend medical appointments.
On 22 December 1994 you received nonjudicial punishment (NJP)
for failure to go to your appointed place of duty. In December
1994, you also tested positive for wrongful use of cocaine. On
27 December 1994, you were notified of pending administrative
discharge processing with an other than honorable (OTH)
discharge due to misconduct (drug abuse). You waived all of
your procedural rights, including your right to an
administrative discharge board (ADB). On 5 February 1995, you
received the OTH discharge for misconduct (drug abuse), and were
assigned an RE-4 (not recommended for retention) reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service and your diagnosed medical condition. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge, changing the narrative
reason for separation or reentry code given the seriousness and
repetitiveness of your misconduct. The Board noted you waived
the right to an ADB, your best opportunity for retention or a
better characterization of service. Finally, no discharge is
automatically upgraded due to passage of time or
an individual’s good behavior after discharge. 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,
RS, (ar
ROBERT D. ZSALMAN
Acting Executive Director
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