DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG |
Docket No: 4182-13
25 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
13 March 1990. You received nonjudicial punishment on two
occasions for the wrongful use of marijuana, failure to obey a
lawful order, larceny, and wrongful appropriation. 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 an other than (OTH) honorable characterization
of service. On 1 June 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, post
service good conduct, and current desire to upgrade your
discharge to receive veterans’ benefits. However, the Board
concluded that your discharge should not be upgraded due to your
acts of misconduct. 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 EeGuesi.
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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