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NAVY | BCNR | CY2013 | NR5153 13
Original file (NR5153 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

BUG
Docket No: 5153-13
29 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.

You are advised that this Board in not the custodian of your
Official Military Personnel File. For your convenience, I am
enclosing the form to request a copy of your Certificate of
Release or Discharge from Active Duty (DD Form 214).

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application 29 April 2014. Your allegations of error and

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
12 June 1985. You received nonjudicial punishment for the
wrongful use of marijuana. Your commanding officer then
recommended you for administrative separation with an other than
honorable (OTH) characterization of service discharge due to
misconduct. You waived your procedural right to an
administrative discharge board (ADB). On 5 November 1987, you.
received an OTH characterization of service discharge due to

misconduct, and were 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 and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
drug abuse. 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 no
discharge is upgraded automatically due solely 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,

Te SD a

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

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