DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2047-09
23 April 2009
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 22 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Navy on 26 May 1989
after more than ten years of prior active service. A special
court-martial convened on 30 April 1991 and found you guilty of
using cocaine on two occasions. The court sentenced you to
a forfeiture of $300.00 per month for three months, reduction in
pay grade, and a bad conduct discharge. You were discharged on
31 March 1994 upon the completion of the appellate review of your
conviction and sentence.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that you
requested drug rehabilitation in order to be retained on active
duty. It noted that you would not have been entitled to be
restored to duty even if you had successfully completed a drug
rehabilitation program. The Board concluded that your ‘service
was appropriately characterized with a bad conduct discharge,
given your repeated acts of drug abuse. 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 ire entitled to have ie
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,
W. DEAN PF
Executive D or
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