DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 4358-13
3 April 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 1 April 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 reenlisted in the Navy on 16 July 1992 after more than 12
years of prior honorable service. You received nonjudicial
punishment (NUP) for destruction of government property,
assault, and public intoxication. You also tested positive for
the wrongful use of marijuana while serving as a first class
petty officer for which no disciplinary action was taken. You
were then notified that your commanding officer was recommending
you for administrative separation due to misconduct (drug
abuse). 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 (drug abuse), and
recommended that you be discharged with an other than honorable
(OTH) characterization of service. On 3 March 1995, you were
discharged with an OTH characterization of service due to
misconduct (drug abuse), 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, prior
honorable service, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
upgraded due to your drug abuse while serving as a first class
petty officer. 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,
a
ROBERT D. ZSALMAN
Acting Executive Director
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