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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
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Docket No: 8077-08
14 July 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 7 July 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 20 May 1983 at age 31 and began a
period of active duty on 28 November 1983. You serve without
disciplinary infraction until 1 May 1989, when you were convicted
by special court-martial (SPCM) of wrongful distribution and use
of heroin and being intoxicated while on duty. You were
sentenced to reduction to paygrade E-1, confinement for four
months, and a bad conduct discharge (BCD).
Subsequently, the BCD was approved at all levels of review and on
22 October 1990, while on appellate leave, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge. It also considered your
assertions that you were not legally guilty of any offenses, were
coerced into signing multiple documents, continued to serve
honorably and respectfully, and were threatened that you would
have to serve 15 years of confinement if you did not plead guilty
to the charges that resulted in your BCD. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your BCD because of the seriousness of your
drug related misconduct. Further, there is documented evidence
in the record that is contrary to your assertions. 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,
\Naad !
W. DEAN E
Executive Di
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