DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
2NAVYANNEX Docket No: 02390—05
WASHINGTON DC 20370-5100 21 October 2005
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 19 October 2005. 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 the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
You enlisted in the Marine Corps on 28 April 1982 at age 21. On 25 October
1982 you received nonjudicial punishment (NJP) for disrespect and
disobedience. On 9 March 1983 you were convicted by a special court-
martial (SPCM) of wrongful possession and distribution of marijuana. You
were sentenced to two months confinement, forfeitures of pay, and a bad
conduct discharge (BCD). On 10 November 1983 you received the BCD after
appellate review was completed.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and the
contention that you received no treatment for drug and alcohol abuse.
However, the Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of an NJP and
especially the conviction by SPCM for possession and distribution of
drugs. Concerning your contention about the lack of rehabilitation, there
was no requirement for such action, especially if an individual was guilty
of drug distribution. Accordingly1 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,
2
w.
Executive
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