DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG a
Docket No: 4162-13
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. 2
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
13 October 1992. You received nonjudicial punishment (NJP) for
-the wrongful use of cocaine. You could have refused NJP and
requested trial by. court - -martial, where you would have been
represented by counsel. 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, 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 and
allegations that your sixth amendment rights were violated and.
appointed’ counsel was ineffective. However, the Board concluded
‘that your discharge should not he upgraded nor were you entitled
to two years’ of active duty credit due to your drug abuse.
Regarding your allegation that your sixth amendment rights were
‘violated, the Board found that your counsel did not object to
the government’s introduction of your positive urinalysis
results confirming your wrongful use of cocaine. The Board was .
not persuaded that your counsel was ineffective due to his
failure to object to this evidence. 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,
eS K
ROBERT D. ZSALMAN
Acting Executive Director
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