DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3990-09
2 April 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 30 March 2010. The names and votes of the
members of the panei 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 30 March 1984 at age 17 and’
began a period of active duty on 3 July 1984. You served without
disciplinary incident until 17 January 1986, when you were
convicted by special court-martial (SPCM) of wrongful possession
and use of cocaine and marijuana, unlawful possession of
firearms, and three specifications of wrongful possession of drug
paraphernalia. You were sentenced to confinement for two months,
reduction to paygrade E-1, and a $800 forfeiture of pay. About
six months later, on 12 June 1986, you were again convicted by
SPCM of an 85 day period of unauthorized absence (UA). You were
sentenced to confinement for three months, a $840 forfeiture of
pay, and a bad conduct discharge (BCD). Subsequently, the BCD
was approved at ail levels of review, and on 20 February 1987,
you were issued a BCD.
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 so that you may
obtain veterans’ benefits. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your drug related misconduct and lengthy
period of UA from the Marine Corps. 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,
Lyon’ ,
W. DEAN PFELFF
Executive Dilke
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