DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Darirat Tm -
Ye dee NN
960
16 October 2013
PM See ee
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 16 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 enlisted in the Navy and began a period of active duty on 1
September 1989. You received nonjudicial punishment on three
occasions for unauthorized absence (two periods totaling five
days), wrongful use of cocaine, and making a false official
statement. You also had pending charges with civil authorities
of drunk and disorderly conduct, resisting arrest, and
assaulting a police officer. 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 18 August 1991, 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 weighed
all potentially mitigating factors, such as your youth, Desert
Shield/Storm 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,
Ld Rae’
W. DEAN PFEL
Executive Direct
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