DEPARTMENT OF THE NAVY
PET BOARD FOR CORRECTION OF NAVAL RECORDS
ee
in JIN 701 S, COURTHOUSE ROAD, SUITE 1001
phe ARLINGTON, VA 22204-2490
BUG
Docket No: 3467-13
11 February 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions-of title 10 of th
.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 énlisted in the Navy and entered active duty on 16 October
1990. You received nonjudicial punishment for fraudulent
enlistment (failure to disclose pre-service drug abuse) and
wrongful use of cocaine. 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 24 March
13992, 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, Desert
Shield/Storm service, 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 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,
© ede S Fate
ROBERT D. ZSALMAN
Acting Executive Director |
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