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NAVY | BCNR | CY2013 | NR3212-13
Original file (NR3212-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS _

_ 701 S$, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

BJG
' Docket No: 3212-13
5 February 2014

This isin 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 4 February 2014. 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 coriscientious consideration ofthe 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 a period of active duty on
25 April 1985. You received nonjudicial punishment on four
occasions for disobeying a lawful order, incapacitation for. the
proper performance of your duties, failure to go to your
appointed place of duty, disrespect, and absence from your
appointed place of duty. Your commanding officer then
recommended you for administrative separation with. an other than
honorable (OTH) characterization of service discharge @Gue to
misconduct. You waived your procedural right to an
administrative discharge board (ADB).. On 3 October 1986, you
received an OTH characterization of service discharge 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, remorse,
and current desire to upgrade your discharge. However, the

Board concluded that your discharge should not be changed due to
your acts of misconduct. The Board particularly noted that you
waived the right to an ADB, your best opportunity for retention

‘or a better characterization of service. -Finally, 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 official

naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

The BS, Gina

ROBERT D. ZSALMAN .
Acting Executive Director

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