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NAVY | BCNR | CY2013 | NR3575-13
Original file (NR3575-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG .
“Docket No: 3575-13
19 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 19 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 Marine Corps Reserve on 4 March 1987. You
were not the subject of any disciplinary action. However, you
failed to participate with your unit and accumulated 54

. unexcused absences. .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). In October 1989, you received an OTH
characterization of service discharge due to misconduct, and
were assigned an RE-4 (not recommended for retention) .
reenlistment code.

In its review of your.application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to upgrade your discharge to receive veterans’
benefits. However, the Board concluded that your discharge
should not be changed due to your misconduct and failure to
complete your enlistment contract. 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 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,

Sent DE 2.

_ ROBERT D. ZSALMAN
Acting Executive Director

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