DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 860-13
15 October 2013
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 10 October 2013. 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 4 August 1982 after more than 10
years of prior honorable service. You received nonjudicial
punishment and were convicted by civil authorities. Your
offenses included wrongful use of marijuana and driving under
the influence of alcohol. You also tested positive for the
wrongful use of marijuana in two urinalyses for which no
disciplinary action was taken. You were then notified that your
commanding officer was recommending 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
20 July 1984, 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, prior
honorable service, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
changed due to your numerous acts of drug abuse. The Board
particularly noted that you waived the right to an ADB, your
best opportunity for retention or a better characterization of
service. 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 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,
W. DEAN PF
Executive cto
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