DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 7573-13
12 August 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 12 August 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
ef 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
7 April 1993. You received nonjudicial punishment for failure
to obey a lawful order and wrongful possession of marijuana and
drug paraphernalia. You were also counseled regarding failure
to report to your appointed place of duty and disobeying a
lawful order. Your commanding officer then recommended you for
administrative separation with an other than honorable (OTH)
characterization of service discharge due to misconduct (drug
abuse). You waived your procedural right to an administrative
discharge board (ADB). On 29 August 1995, 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,
allegation that the marijuana was not yours, 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 your right to an
ADB, your best opportunity for retention or a better
characterization of service. Regarding your allegation, there
is evidence in your record which is contrary to it. Finally,
you are advised that no discharge is upgraded automatically due
solely to tthe passage of timé 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. 4SALMAN
Acting Executive Director
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