DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG .
Docket No: 4156-13
26 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 on 25 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 -
21 April 1981. You received nonjudicial punishment (NIP) on two
occasions for breach of the peace and the wrongful use of
‘marijuana. You also completed in-patient level III alcohol
rehabilitation. You were then notified that your commanding
officer was recommending, you for administrative separation due
to misconduct. You exercised your. procedural right to have your
case heard by an administrative. discharge board (ADB). .The ADB- .
met, found that you: had committed misconduct, and recommended .
that you be discharged with a general characterization of
service. On 27 June 1994, you were discharged with a general’
' characterization of service due to misconduct {drug abuse), and
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, abuse
problems, character reference letter, and current desire to
_upgrade your discharge. However, the Board concluded that your
discharge should not be upgraded due to ‘your misconduct and drug
-abuse. The Board believed that you were fortunate to receive a
‘general characterization of service, since Sailors who are
*separated for misconduct normally receive other than honorable
discharges. You are advised that no discharge is upgraded due
‘merely 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.
TRS, eo
-ROBERT D. ZSALMAN |
Acting Executive Director
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