DEPARTMENT OF THE NAVY.
BOARD FOR CORRECTION OF NAVAL RECORDS
701 $. COURTHOUSE ROAD, SUITE 1001 .
ARLINGTON, VA 22204-2490
‘BUG a
Docket No: 3571-13
12 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 fourid that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered a period of active
duty on 21 October 1996. You ‘received nonjudicial punishment
and were convicted by a summary court-martial. . Your offenses.
included failure to’ go to your appointed place of duty (two —
instances), and wrongful use of marijuana. You were then
advised that your command was administratively separating you
with an other than honorable (OTH) characterization of service
' due to misconduct {drug abuse). You waived your procedural
right to an administrative discharge board (ADB). On 5 January
1998, you received an OTH characterization of service discharge
due to misconduct, and were assigned an RE-4B (in- service drug
abuse) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, 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. The Board noted
that you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. 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. ar 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,
Cr >. ft
. ROBERT D. ZSALMAN
Acting Executive ‘Director
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