DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 870-13
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 11 October 1991 after more than
five years of prior honorable service. You received nonjudicial
punishment on two occasions for wrongful use of marijuana and
committing indecent acts (two instances). You were then
notified that your commanding officer was recommending you for
administrative separation with an other than honorable (OTH)
characterization of service due to misconduct. You exercised
your procedural right to have your case heard by an
administrative discharge board (ADB). The ADB met, found that
———————
you had committed misconduct, and recommended that you be
discharged with an OTH characterization of service. On 16 May
1996, you were discharged with an OTH characterization of
service due to misconduct, and assigned an RE-4 (not recommended
for retention) reentry code.
In its review of your application, the Board carefully weighe
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 and other misconduct. You are
advised that no discharge is upgraded due merely 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,
\o mae
W. DEAN PF
Executive D¥réector
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