DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2060370-5100 .
SJN
Docket No: 09185-08
7 August 2009
This is in reference to your application for correction of your
.haval 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 4 August 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on |
9 February 1981 at age 18. On 17 July and 3 September 1881, you
received nonjudicial punishment (NJP) for possession and use of
marijuana and four instances of disobedience. On 10 May 1982,
you were convicted by special court-martial (SPCM) of failure to
go to your appointed place of duty, two periods of unauthorized
absence (UA) totaling 21 days, wrongful use of cocaine and
marijuana, and disobedience. On 1 July 1982, you received a
third NUP for altering a public record and signing a false
official document (military identification card).
On 13 October 1982, you were convicted by a second SPCM of 16
specifications of failure to go to your appointed place of duty,
two periods of UA totaling 31 days, and wrongful possession and
use of a controlled substance. You were sentenced to a
forfeiture of pay, confinement at hard labor, and a bad conduct
discharge (BCD). You received the BCD after appellate review was
completed,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, post service accomplishments, letter from the
Miami Veterans Affairs office, your contention you were sexual
assaulted, and this assault caused your misconduct.
Nevertheless, the Board found that these factors and contention
were not sufficient to warrant recharacterization of your
discharge given your record of three NJP’s, one of which was for
drug use, and convictions by SPCM for lengthy periods of UA and
continued drug use. Concerning your contention, there is no
evidence in the record to support it, and you submitted no such
evidence. 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,
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