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NAVY | BCNR | CY2013 | NR6248 13
Original file (NR6248 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

 

BIG
Docket No: 6248-13

10 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 10 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 20 July 1988 after more than 14
years of prior honorable service. You tested positive in two
urinalyses for the wrongful use of amphetamines. 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 3 January
1990, you were discharged with an OTH characterization of
service due to misconduct, and 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, remorse, post service good conduct, and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be upgraded due to your
acts of drug abuse. 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,

SAS HE

ROBERT D. 4SALMAN
Acting Executive Director

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