DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 6314-13
11 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 enlisted in the Navy and entered a period of active duty on
9 February 1990. You received nonjudicial punishment on three
occasions for driving under the influence of alcohol, two
periods of unauthorized absence totaling six days, missing
ship’s movement, and failure to go to your appointed place of
duty. You were then advised that your command was
administratively separating you with an other than honorable
(OTH) characterization of service due to misconduct. You waived
your procedural right to an administrative discharge board
(ADB). On 10 February 1993, 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, remorse,
and current desire to upgrade your discharge. However, the
Board concluded that your discharge should not be changed due to
your acts of misconduct. The Board noted that you waived the
right to an ADB, your best opportunity for retention or a better
characterization of service. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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