DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7820-02
8 September 2003
application for correction of your
provisions of title 10 of the United
This is in reference to your
naval record pursuant to the
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 September 2003.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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.
The Board found that you reenlisted in the Navy on 27 August 1987
after more than three years of prior active service.
A general
court-martial convened on 25 November 1986 and found you guilty
of distribution and possession of cocaine.
The court sentenced
you to a reduction in pay grade and a bad conduct discharge.
received the bad conduct discharge on 27 August 1987.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that your court-martial was improper.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of the offenses.
prohibited by law from reviewing the findings of a court-martial
and must restrict its review to determine if the sentence of the
court-martial should be reduced as a matter of clemency.
Based
on the foregoing, the Board concluded that no change to the
discharge is warranted.
denied.
Accordingly, your application has been
The names and votes of the members of the panel will be
such as your youth and immaturity
You
In this regard, the Board is
furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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,
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