DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 04110-07
6 February 2008
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 January 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 30 July 1985 after serving over
four years of honorable service. Based on the information
currently contained in your record, on 12 February 1987 and
13 January 1989 you received nonjudicial punishment (NJP) for two
periods of unauthorized absence (UA), failure to obey an order,
disobedience, and drug use. On 17 August 1989, you were
convicted by special court-martial (SPCM) of two specification of
UA, and use of cocaine. You were sentenced to confinement at
hard labor, a forfeiture of pay, a reduction in paygrade, anda
bad conduct discharge (BCD). 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, prior honorable service and last period of overall
service. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given your two NJP’s, one of which was for drug abuse and
conviction by SPCM for drug use. Accordingly, 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,
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