DEPARTMENT OF THE NAVY |
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 5308-13
19 May 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 14 May 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
3 November 1989. You received nonjudicial punishment and were
convicted by a summary court-martial. You offenses included
unauthorized absence (17 days), missing ship’s movement,
- disrespect (two instances), failure to obey a lawful order, and
failure to go to your appointed place of duty. 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 22 January 1991,
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
numerous acts of 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 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,
pe eS to
ROBERT D. ZSALMAN
Acting Executive Director
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