DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 3463-13.
11 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 11 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 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 7 March
1989. You received nonjudicial punishment on two occasions for
sleeping on post and the wrongful use of a controlled substance...
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 22 February 1993, you were discharged
with an OTH characterization of service due to misconduct, and
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, character
reference letters, post service good conduct, and current desire
to upgrade your discharge. However, the Board concluded that
your discharge should not be changed due to your misconduct and
drug abuse, The Board noted that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. 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 furrlished 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,
eS En
ROBERT D. ZSALMAN
Acting Executive Director
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