DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1823-10
9 November 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 9 November 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. You entered active duty in the Navy on 5
October 1982. On 4 April 1989, as a third class petty officer,
in accordance with you guilty plea, you were convicted at a
special court-martial of wrongful possession of cocaine (nine
grams), and wrongful distribution of cocaine (two
specifications totaling 2.4 grams). Your sentence included a
bad conduct discharge (BCD). On 16 April 1993, after appellate
review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your remorse, prior
honorable service, and post service good conduct. However, the
Board concluded that neither your BCD, narrative reason, nor
reentry code should be changed due to your serious drug-related
misconduct. You are advised that no discharge is upgraded due
merely to the passage of time or post service good conduct. In
view of the above, your application has been denied. The names
and votes of the members of the panel will be furnished upon
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,
\Xdaar
W. DEAN PREY
Executive Bir or
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