DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 5931-13
4 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 3 June 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
1 July 1985. You received nonjudicial punishment on three
eccasions for insubordination (two instances), unauthorized
absence (two periods totaling 22 days), disrespect (two
instances), and communicating a threat. 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 16 September 1987, 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, health
issues, and current desire to upgrade your discharge. However,
the Board concluded that your discharge should not be changed
due to 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,
(tS Fa
ROBERT D. ZSALMAN
Acting Executive Director
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