DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
BIG
Docket No: 5333-13
14 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
4 May 1989. Your accession urinalysis tested positive for the
wrongful use of cocaine for which no disciplinary action was
_taken. You received nonjudicial punishment on two occasions for
the wrongful use of cocaine and a 60 day period of unauthorized
absence. You also admitted to abusing alcohol, marijuana and
cocaine while on active 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 5 February 1990, 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, mental
health issues, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
changed due to your drug abuse and 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,
Re SS See
ROBERT D. ZSALMAN
Acting Executive Director
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