DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51900
TIR
Docket No: 6774-09
4 June 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 3 June 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 Navy on 19 April 1880 at age 21. You served
for two years and eight months without disciplinary incident,
however, on 11 December 1982, you were convicted by general
court-martial (GCM) of wrongful possession, sale, and transfer of
Marijuana, three specifications of wrongful sale of cocaine, two
specifications of wrongful transfer of cocaine, and wrongful
possession of cocaine. You were sentenced to confinement at hard
labor for one year, 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 23 April 1985, 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, post service conduct, and desire to upgrade your
discharge.. Nevertheless, these factors were not sufficient to
Warrant recharacterization of your discharge because of the
seriousness of your repetitive drug related misconduct.
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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