DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 5843-13
2 June 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 28 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 began a period of active duty on 30
May 1991. You received nonjudicial punishment on five occasions
and were convicted by a summary court-martial. Your offenses
included violating a lawful regulation, dishonorably failing to
pay a just debt, failure to obey a lawful order, being drunk and
disorderly, unauthorized absence (three periods totaling 31
days), breaking restriction, missing ship’s movement, and
defrauding the government. 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 19
February 1993, you were discharged with an OTH characterization
of service due to misconduct, and 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, Desert
Shield/Storm service, and post service good conduct. However,
the Board concluded that your discharge should not be changed due
te your acts of misconduct. The Board noted that you waived your
.Yight to an ADB,xyour 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,
Re ck'D, enone
ROBERT D. ZSALMAN
Acting Executive Director
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