DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 5309-13
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 te 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
1 July 1991. You received nonjudicial punishment and were
convicted by civil authorities. Your offenses included using
provoking speech and gestures, possession of an altered
identification card, disorderly conduct, and assault. You were
also charged with insubordinate conduct, failure to obey a
lawful order, driving under the influence of alcohol, being
intoxicated on duty, and communicating a threat for which no
disciplinary action was taken. 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 15 June 1995, you
received an OTH characterization of service discharge due to
misconduct, and were 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, health
issues, 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,
ROBERT D. ZSALMAN
Acting Executive Director
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