DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 6018-13
3 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
11 April 1995. You received nonjudicial punishment on three
occasions for drunk and disorderly conduct, absence from your
appointed place of duty, and wrongful use of marijuana. 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
31 July 1997, 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, mental
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
jto 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 evidehce 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,
1 tS, od
ROBERT D. ZSALMAN
Acting Executive Director
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