DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 10061
ARLINGTON, VA 22204-2490 :
CRS
Docket No: 8267-13
25 March 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 15 January 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.
The Board found: that you reenlisted in the Navy Reserve on 9
October 1986 after more than two years of prior honorable
service. You received nonjudicial punishment on four occasions
for offenses that included failure to obey a lawful ‘order,
dereliction of duty on two occasions, disobedience of a lawful
order on three occasions, wrongful possession of marijuana, and
wrongful appropriation. On 5 July 1990 you submitted a written
request for discharge for the good of the service in lieu of
trial by court-martial for wrongful possession, use, and
distribution of methamphetamines, wrongful distribution of
marijuana, and larceny. Prior to submitting this request you
o conferred with a qualified military lawyer who advised you of
your rights and warned of the probable adverse consequences of -
receiving a discharge under other than honorable conditions.
You were so discharged on 31 July 1990.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable record of service. It found these factors
insufficient to warrant corrective action in your case given
your extensive disciplinary record and the serious nature of the
misconduct which resulted in your discharge. In addition, the
Board believed that considerable clemency was extended to you
when your request for discharge was appreved since, by that ~
action, you avoided the possibility of a Federal conviction,
confinement at hard labor and a punitive discharge. .
Accordingly, your application has been denied. The names and
votes of the member 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,
A pene Se
ROBERT D. ZSALMAN
Acting Executive Director
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