DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 3534-13
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. The board also considered the report
of the Naval Discharge Review Board dated 13 August 2007, a copy
of 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 19 January
1996. You were not the subject of any disciplinary action.
However, while at recruit training, you admitted that you had
failed to disclose that you had a civil conviction of wrongful
possession of marijuana. You were counseled and warned that you
had fraudulently enlisted and any further misconduct could
result in administrative separation. On 30 August 1996, you
admitted to wrongfully using marijuana on 16 August 1996. 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 17 October 1996, 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,. remorse,
and current desire to reenlist in the Navy Reserve. However, the
Board concluded that your reentry code should not be changed due
to, your 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 reentry code. 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,
RO &
' ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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