DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 09606-09
11 May 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 7 May 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.
Following a thorough review of your naval record the Board found
that you were the subject of three nonjudicial punishments
(NOP‘s) for wrongful use of marijuana and two instances of
Gisobedience, and were convicted by a special court-martial
(SPCM) of wrongful use of marijuana and cocaine. AS a result,
you received a bad conduct discharge on 6 August 1982 after
appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, prior period of honorable service, and desire to
upgrade your discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your three NJP'S and SPCM conviction for drug
use. Accordingly, your application has been denied.
The Board noted you may be eligible for veterans’ benefits that
accrued during your first period of service. Whether or not you
are eligible for benefits based on either period of service is a
matter under the cognizance of the Department of Veterans Affairs
(DVA). If you have been denied benefits, you should appeal that
denial under procedures established by the DVA.
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,
Te DS,
ROBERT D. ZSALMAN
Acting Executive Director
bh
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