DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 4806-13
15 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 15 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 active duty on 26 August
1986. You received nonjudicial punishment on two occasions and
were convicted by civil authorities. Your offenses included
unauthorized absence (75 days), desertion, driving under the
influence of alcohol (three instances), driving with a suspended
license, and speeding. You were then advised that your command
was recommending you for administrative separation with an other
than honorable (OTH) characterization of service due to
misconduct. You waived your procedural right to have your case
heard by an administrative discharge board (ADB). On 17 October
1930, you were discharged with an OTH characterization of
service due to misconduct, and assigned an RE-4 (not recommended
for retention) reentry code.
fin its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
alcoholism, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
changed due to your misconduct. The Board noted that you waived
your right to an ADB, your best opportunity for retention or a
better characterization of service. Finally, you are advised
that the mere passage of time or post service good conduct do not
require the upgrade of a discharge. 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,
| Srna
ROBERT D. ZSALMAN
Acting Executive Director
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