DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHGUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Decket No: 09118-13
9 June 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 4 June 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 conscienticus consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 7 February 2002, at age 19. On 14
March 2003, you provided a statement concerning your wrongful
use of marijuana and disclosed that you used it occasionally
while on active duty. On 4 April 2003, you received nonjudicial
punishment (NUP) for failure to go to your appointed place of
duty, two incidents of being in an unauthorized absence (UA)
status totaling 28 days, willful disobedience of a superior
commissioned officer and wrongful use of marijuana. On 4 April
2003, administrative separation action was initiated by reason
of misconduct. After being advised of your due process rights,
. you waived your right to have your case heard by an
administrative discharge board (ADB). On 7 April 2003, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions (UOTHC) by
reason of misconduct. On 8 April 2003, the discharge authority
directed a discharge UOTHC by reason of misconduct. You were so
discharged on 14 April 2003, and assigned a RE-4 (ineligible for
reenlistment) reentry code.
The Board, in its review of your application, carefully weighed.
all potentially mitigating factors, such as your youth and
overall record of service. The Board found those factors
insufficient to warrant changing your reentry code, given your
record of one NUP for multiple offenses and drug abuse. In
addition, the Board noted that you waived your right to an ADB,
your best opportunity for retention or a better characterization
of service. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
The Board did not consider whether your character of service and
narrative reason for discharge should be changed due to the fact
that your discharge is less than 15 years old, so you must first
apply to the Naval Discharge Review Board (NDRB). Enclosed is a
DD Form 293 you may use to apply to the NDRB.
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,
ROBERT D. SALMAN
Acting Executive Director
Enclosure
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