‘DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL, RECORDS
2 NAVY ANNEX
_WASHINGTON DC 20370-5100 |
RDZ:ecb
Docket No. 01230-08
20 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 19 May 2009. 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 Navy on 24 October 1988 at which time you
were fully briefed on the Navy’s zero tolerance drug policy.
Unfortunately on 11 May 1992 you were found guilty by a special
court-martial of repeatedly using crystal methamphetamine
between 20 November 1991 and 31 December 1991. The sentence of
the court included a bad conduct discharge which you received on
3 August 1993,
The Board in its review of your application took into account
your remorse for having committed these offenses as well as your
commendable post service conduct. Nevertheless the Board
concluded that in view of your repeated acts of serious
misconduct your discharge was fair and proper as issued and
should not be changed now as a matter of clemency.
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,
eck SN Awa nen
ROBERT D.~ZSALMAN
Acting Executive Director
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