DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 8238-13
4 September 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 4 September 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 began a period of active duty on 27
August 1979. You received nonjudicial punishment on five
occasions for the wrongful possession of marijuana (two
instances), disobeying a lawful order (eight instances), absence
from your appointed place of duty (three instances), disrespect,
breach of the peace, communicating a threat, and failure to obey
a lawful order (two instances). Your commanding officer then
recommended you for administrative separation with an other than
honorable (OTH) characterization of service discharge due to
misconduct. You waived your procedural right to an
administrative discharge board (ADB). On 19 December 1980, you
received an OTH characterization of service discharge due to
misconduct, 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 and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
drug abuse and other misconduct. The Board noted that you
waived your right to an ADB, your best opportunity for retention
or a better characterjzation 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 the members of the panel will be furnished upon
request.
It is regretted that the circumstances of your case are such
that favorablde 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 J. O'NEILL
Executive Director
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