DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8755-07
27 October 2008
This is in reference to your application for correction of your
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 21 October 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 19 September 1977 after nearly four
years of prior honorable service. You continued to serve without
disciplinary incident until 20 July 1982, when you were convicted
by special court-martial (SPCM) of wrongfully attempting to
introduce marijuana on an aircraft and wrongful possession of
approximately 680.50 grams of marijuana. You were sentenced to
confinement at hard labor for four months, a $1,000 forfeiture of
pay, reduction to paygrade E-2, and a bad conduct discharge
(BCD). Subsequently, the BCD was approved at all levels of
review, and on 31 August 1984 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and assertion that you were
recommended for retention by a review board. Nevertheless, these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
misconduct. 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 1s 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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