DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8726-08
1060 June 2060095
Dear #77
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 10 June 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 and health records,
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. The Board found you entered active duty in
the Navy on 19 September 1983. You received nonjudicial
punishment on two occasions for six days of unauthorized
absence (UA) and use of marijuana. On 18 January 1985, you
were counseled regarding the use of marijuana and warned that
further misconduct could result in administrativé separation.
On 3 December 1985, you were tried by special court-martial for
126 days of UA, dereliction of duty, use of cocaine and
breaking restriction. You were sentenced to a bad conduct
discharge (BCD). On 1 July 1987, after appellate review, you
received the BCD and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and drug
abuse. Nevertheless, the Board concluded that these factors
were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your misconduct.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request. ,
Tt 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,
\Prenf
W. DEAN PFEVE
Executive or
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