DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS -
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 02492-09
13 January 2010
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 12 January 2010. 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 reenlisted in the Marine Corps on 5 January 1986 after
serving over 14 years of honorable service. You served without
incident for over three more years until 5 April 1989, when you
were convicted by special court-martial (SPCM) of 31 days of
unauthorized absence (UA) and wrongful use of
amphetamines/methamphetamines. You were sentenced to a reduction
in paygrade 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, prior
honorable service, record of last period of service, post service
accomplishments, and Vietnam service. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given your conviction by
SPCM for a lengthy period of UA and drug use. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished wpon 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,
Ven’ )
W. DEAN R
Executiv rector
2
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