DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
_ BUG
Docket No: 3216-13
5 February 2014
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 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. The Board also considered the report
of the Naval Discharge Review Board dated 21 Senuaxy 1999, a
copy GE which is attached.
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 1 August
1989. You received nonjudicial punishment on four occasions. for
. unauthorized absence, being derelict in the performance of your
- duties, violating a lawful general regulation,, sleeping on .
watch, failure to obey a lawful order, using provoking words or
gestures, conduct prejudicial to good order and discipline,
assault, and communicating a threat. . You were then advised that
your command was. recommending you for administrative separation
with an other than honorable (OTH) characterization of service
due to misconduct. You waived your procedural right to have
your case heard by an administrative discharge board (ADB). On
26 February 1992, you were discharged with an OTH
characterization of service due to misconduct, and assigned an
RE-4 (not recommended for reenlistment) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
allegation that you were the victim of an assault, and current
desire to upgrade your discharge. However, the Board concluded
that your discharge should not be changed due to your repeated
acts of misconduct. The Board noted that you waived your right
to an ADB, your best opportunity for retention or a better
characterization of service. The Board found no evidence in your
record to support your allegation, and you provided no. such.
evidence. Finally, you are advised that the. mere passage of time
or post service good conduct do not require the upgrade of a
' discharge. 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.
a Sincerely,
ROBERT D. ZSALMAN
Acting Executive Director =
Enclosure
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