DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3022-08
4 December 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 3 December 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.
On 22 February 1977, you enlisted in the Navy at age 21 and
served without incident until 13 August 1979, when you were
convicted by a summary court-martial for possession of a
controlled substance and attempting to steal a controlled
substance. On 13 March 1980, you had nonjudicial punishment
for dereliction in the performance of your duties. On
11 September 1980, you were convicted in civil court of forging
three pharmaceutical prescriptions. On 1 December 1980, you
were convicted by a special court-martial of two instances of
stealing Percocet, falsely altering a pharmaceutical
prescription with the intent to defraud, and falsely making a
pharmaceutical prescription in its entirety with the intent to
defraud. Your sentence included confinement, forfeitures of
pay, reduction in rank, and a bed conduct discharge (BCD). A
portion of your sentence was subsequently reduced and your
request for clemency was denied. After the BCD was approved at
all levels of review, on 31 December 1981, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for a better discharge. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. Therefore, 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,
Nh
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