DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 4862-02
3 September 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 28 August 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together..with all material submitted in support
Your allegations of error and
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.
The Board found that you enlisted in the Navy on 19 April 1982.
A special court-martial convened on 6 March 1984 and found you
guilty of three specifications of introducing marijuana into a
Naval base with the the intent to distribute it, and four
unspecified violations of Article 134 of the Uniform Code of
Military Justice.
labor for five months, forfeitures of $300 per month for six
months, and a bad conduct discharge.
and forfeitures were later suspended when you were placed on
appellate leave.
1985.
You received the bad conduct discharge on 8 May
The court sentenced you to confinement at hard
Portions of the confinement
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you suffered from post traumatic stress
disorder (PTSD).
were not sufficient to warrant recharacterization of your
discharge due to
regard, there is no evidence in the record, and you have
However, the Board concluded that these factors
the-Cseriousness of the offenses.
such as your youth and immaturity
In this
Additionally, even if you did, and it became
submitted none to show that you suffered from PTSD at the time of
your service.
symptomatic during your period of active duty, there is no
indication that the disorder caused an inability to know right
from wrong or adhere to the right,
mitigating to warrant recharacterization.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
or that it was sufficiently
Accordingly, your
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 PFEIFFER
Executive Director
2
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