DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 3575-08
5 March 2009
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 3 March 2009. The names and votes of the members
of the panel will be furnished upon request. 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 11 September 1979 at age 18 and
served for two years without disciplinary incident. However, on
3 December 1981, you were convicted by special court-martial
(SPCM) of three specifications of wrongful possession, transfer,
and sale of lysergic acid diethylamide (LSD) and wrongful
possession of cocaine. You were sentenced to confinement at hard
labor for two months, reduction to paygrade E-1, a $734
forfeiture of pay, and a bad conduct discharge (BCD).
Your record contains a psychiatric evaluation report which
documents, in part, your history of alcohol, marijuana, cocaine,
and LSD abuse. It also states that you were diagnosed with
alcohol and mixed substance abuse, both of which existed prior to
your enlistment.
Subsequently, the BCD was approved at all levels of review, and
on 10 May 1983 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, period of satisfactory service, and post service
conduct. It also considered your desire to upgrade your
discharge so that you may be eligible for veterans’ benefits.
The Board further considered your assertion that the offense for
which you were convicted was only a “one-time” incident.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Finally, your record reflects documented evidence that is
contrary to your assertion of a one-time drug related incident.
Accordingly, your application has been denied.
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,
DEAN P
Executive D
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