DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 1737-09
11 January 2010
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 5 January 2010. 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 Marine Corps on 16 April 1979 at age 18 and
began a period of active duty on 31 August 1979. You served for
nearly four years without disciplinary incidént. However, on 31
March 1983, you were convicted by special court-martial (SPCM) of
12 specifications of wrongful possession, sale, and transfer of
marijuana. You were sentenced to confinement at hard labor for
90 days, a $300 forfeiture of pay, reduction to paygrade E-1, and
a bad conduct discharge (BCD). Subsequently, the BCD was
approved at all levels of review and on 24 January 1984, 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 and desire to upgrade your discharge. It also
considered your assertions of entrapment and that you were not
guilty of any crime. Nevertheless, these factors were not
sufficient to warrant recharacterization of your Gischarge given
the seriousness of your repetitive drug related misconduct.
Finally, there is documented evidence in the record which 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,
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