DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2227-09
27 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 20 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 eniisted in the Navy on 1 May 1987 at age 20 and began a
period of active @uty on 18 May 1987. You served for about two
years and three months without disciplinary incident. However,
on 20 August 1990, you were convicted by general court-martial
(GCM) of four specifications of wrongful possession,
introduction, distribution, and use of methamphetamines. You
were sentenced to confinement for two years, forfeiture of all
allowances and pay, reduction to paygrade E-1, and a bad conduct
discharge (BCD). Subsequently, the BCD was approved at all
levels of review and on 1 May 1991, 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, post service conduct, and desire tc upgrade your
discharge so that you may obtain veterans’ benefits.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your repetitive drug related misconduct. Finally, no discharge
is upgraded due solely to an individual’s good post service
conduct. 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 ail 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,
lo |
1 i a ' |
W. DEAN PFETFR
Executive Di
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