DEPARTMENT OF THE NAVY *
_ BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 3717-13
25 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.
OA three- member panel of the Board for Correction of Naval
Records, sitting in executive session, considered. your
application on 25 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,
, Peguiaticns 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 3 October
1990. -You received nonjudicial punishment for fraudulent
‘enlistment and the 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 | 1992, - 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 upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
misconduct which included 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 curESshed 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,
TR RR. Ka
ROBERT D. ZSALMAN |
Acting Executive Director.
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