DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS :
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
. Docket No: 3868-13
11° March 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 11 March 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 Navy and entered a period of active duty on
27 December 1978. You received nonjudicial punishment on four
occasions and were. convicted by a summary court-martial and a’
special court-martial. Your offenses included unlawful entry, |
‘larceny, four periods of unauthorized absence (UA) totaling 478
‘days, breaking restriction, absence from. your appointed place of
duty, and wrongful possession of marijuana. Your commanding
officer then recommended you for administrative separation with
an other than honorable (OTH) characterization of. service
discharge due to misconduct. You waived. your procedural | right
to an administrative discharge board (ADB). On 24 September
1981, 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, mental
health issues, and current desire to upgrade your discharge to
receive veterans’ benefits. However, the Board concluded that
totaling more than 15 months and other acts of misconduct. . The
Board noted that you waived the right to an ADB, your best ~
Opportunity for retention or a better characterization of
.service. Finally, 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.
t ce _
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,
ROBERT D. ZSALMAN
Acting Executive Director
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