DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 6354-13
17 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 17 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 Marine Corps and entered a period of active
duty on 23 July 1982. You received nonjudicial punishment on
three occasions and were convicted by a summary court-martial.
Your offenses included absence from your appointed place of
duty, three periods of unauthorized absence totaling 29 days,
and wrongful use of marijuana. 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 6 May 1986, you received an OTH
characterization of service discharge due to misconduct, and
were assigned an RE-4B (in-service drug use) reenlistment 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
.NMhaval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
TR eS ko
ROBERT D. ZSALMAN
Acting Executive Director
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