DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 2224-07
2 May 2009
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 29 April 2008. 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 reenlisted in the Navy on 22 February 1985 with over nine
years of active duty on prior enlistments. Subsequently, you
received nonjudicial punishment on two occasions for unauthorized
absence and disrespect. Despite your disciplinary record, you
were promoted to chief petty officer on 1 April 1986.
A special court-martial convened on 18 July 1986, found you
guilty of wrongful use of marijuana, and sentenced you to a bad
conduct discharge. After completion of appellate review, the bad
conduct discharge was issued on 30 July 1987.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your lengthy period of
good service, the isolated nature of your offense, and your
contention that the punishment was too severe. The Board found
that these factors and contention were not sufficient to warrant
recharacterization of your discharge given your conviction by a
special court-martial of use of drugs while serving as a chief
petty officer. Since you were expected to lead by example and
betrayed the trust placed in you, the Board believed that the
issuance of a bad conduct discharge in your case was not too
severe. The Board concluded that the discharge was proper as
issued and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that you may be eligible for veterans'
benefits based on your prior honorable service. Therefore, if
you have been denied benefits, you should appeal that denial
under procedures established by the Department of Veterans
Affairs.
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 PFEI
Executive Di
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