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NAVY | BCNR | CY2013 | NR5880 13
Original file (NR5880 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

 

BJG
Docket No: 5880-13
28 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 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 reenlisted in the Navy on 29 October 1990 after more than
two years of prior honorable service. You received nonjudicial
punishment for a period of unauthorized absence totaling two
days and wrongful possession of marijuana. 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 7 April 1995, 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 and prior
honorable service. However, the Board concluded that your
discharge should not be changed due to your 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 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,

ELS | fo

ROBERT D. ZSALMAN
Acting Executive Director

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