DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
ยป 2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6379-07
17 April 2008
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 15 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 1 June 1988 at age 19 and served for
more than two years without disciplinary incident, but on 30
October 1990 you were convicted by special court-martial (SPCM)
of wrongful possession and use of a controlled substance, failure
to obey a lawful order, and an eight day period of unauthorized
absence (UA). You were sentenced to confinement for four months,
a $1,600 forfeiture of pay, reduction to paygrade E-1, and a bad
conduct discharge (BCD). After the BCD was approved at all
levels of review, on 30 March 1992 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and post service conduct. It also considered your
assertions that your discharge was inequitable and your career
could have been salvaged with proper legal representation.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Further, your record contains documented evidence that is
contrary to your assertions. Accordingly, your application has
_been denied. | ee a cee os tse ke mpi ge
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,
\enfgh S
W. DEAN PFINF
Executive e r
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