; DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S COURTHOUSE DR SUITE 10014
_ ARLINGTON VA 22204-2490
BAN
Docket No.NRO8&362-13
23 September 2013
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 28 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 7 June 1994, after more than seven
years of prior honorable service. On 5 October 2005, you
received nonjudicial punishment for failure to obey a lawful
order and driving under the influence of alcohol. On 17 February
2009, you signed an extension. On 8 February 2010, you were
convicted at a genéral court-martial (GCM) of unauthorized
absence and two specifications of wrongful possession of a
controlled substance with intent to distribute (over 57 pounds of
. Marijuana, and 16 benzylpiperazine. (BZP) tablets). Your sentence
. included a bad conduct . discharge (BCD). Therefore, on 18 May .
2011, after appellate review,. you received a BCD and an RE-4 (not
recommended for “stent ion) reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and request to have a Certificate of
Release or Discharge from Active Duty (DD Form 214) issued prior
Docket No.NR08362-13
.to your active duty extension. However, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
You are advised that an active duty extension is not a break in
service, so the Navy had no obligation to issue a DD Form 214.
Accordingly, 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 evidence
within one year.from the date of the Board's decision. New’
evidence is evidence not previously considered by the Board prior
to making its decision in this case. 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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