DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 pocket No: 1055-08
23 September 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 23 September 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 enlisted in the Naval Reserve on 4 September 1986 at age 19
and reported for three years of active. duty. During the period
from 28 May 1987 to 1 December 1988, you received nonjudicial
punishment on five occasions. Your offenses were fraudulent
enlistment, assault, multiple short periods of unauthorized
absence, breaking restriction, disobedience, disorderly conduct,
and leaving your duty station with intent to abandon. A special
court-martial convened in July 1989 and convicted you of using
cocaine. The sentence of the court included a bad conduct
discharge. Upon completion of confinement you began appellate
leave and you remained in that status until the bad conduct
discharge was issued on 21 June 1990.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that you suffered from depression which led to your misconduct.
There is no documentation in the record and you have submitted
none to show that you were not responsible for your actions while
in the Navy. Therefore, the Board found that these factors and
contention were not sufficient to warrant recharacterization of
your discharge given your extensive disciplinary record. 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.
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,
LON eardec),
W. DEAN PFE
Executive D thor
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