DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 6021-13
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 on 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 reenlisted in the Navy on 8 November 1985 after more than
three years of: prior honorable service. You received
nonjudicial punishment and were convicted by a special court-
martial. Your offenses included unauthorized absence (four
periods totaling 66 days), failure to obey a lawful order,
losing military property, and wrongful use of cocaine. You were
then notified that your commanding officer was recommending you
for administrative separation due to misconduct. You exercised
your procedural right to have your case heard by an
administrative discharge board (ADB). The ADB found that you
had committed misconduct, and recommended that you be discharged
with an other than honorable (OTH) characterization of service.
On 21 March 1989, you were discharged with an OTH
characterization of service 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, prior
honorable service, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
upgraded due to your serious acts of misconduct. You are
advised that no discharge is upgraded due merely 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,
Rte, fa
ROBERT D. ZSALMAN
Acting Executive Director
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