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NAVY | BCNR | CY2013 | NR7753 13
Original file (NR7753 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

 

BUG
Docket No: 7753-13
20 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 19 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
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 June 1983 after more than six
years of prior honorable service. You received nonjudicial
punishment for the wrongful use of marijuana. You also tested
positive in a urinalysis for the wrongful use of cocaine for
which no disciplinary action was taken. 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 9 February 1987,
you received an OTH characterization of service discharge due to
misconduct (drug abuse), and were 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, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
changed due to your drug abuse. 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 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
‘tthe 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 evidenée. 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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