DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 3202-14
30 July 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 29 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered a period of active duty on
11 March 1986. You received nonjudicial punishment on three
occasions for desertion, drunk and disorderly conduct, wrongful
use of marijuana, and a 28 day period of unauthorized absence.
Your commanding officer then recommended you for administrative
separation with an other than honorable (OTH) characterization
of service discharge due to misconduct (drug abuse). You waived
your procedural right to an administrative discharge board
(ADB). On 28 September 1989, you received an OTH
characterization of service discharge due to misconduct (drug
abuse), 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, health
issues, character reference letters, and current desire to
upgrade your discharge. However, the Board concluded that your
discharge should not be changed due to your numerous acts of
misconduct. The Board noted that you waived your right to an
ADB, your best. opportunity for retention or a better
characterization of service. Finally, 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,
ROBERT D. Z4SALMAN
Acting Executive Director:
Copy to:
Pauline M. K. Young, Esq.
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