DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘7014 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 6810-13
28 July 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 23 July 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 began a period of active duty on 8
March 1982. You tested positive in a urinalysis while at
recruit training for the wrongful use of marijuana and were
granted a drug waiver. You received nonjudicial punishment for
the wrongful possession of hashish. You were then advised that
your command was recommending you for administrative separation
with an other than honorable (OTH) characterization of service
due to misconduct. You waived your procedural right to have
your case heard by an administrative discharge board (ADB). On
31 August 1984, you were discharged with an OTH characterization
eae
of service due to misconduct, and 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 and
current desire to upgrade your discharge to be eligible for
veterans’ benefits. However, the Board concluded that your
discharge should not be changed due to your two incidents of drug
related 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 the
mere passa of time or post service good conduct do not require
ythe upgrade’ of #. discharge. 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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