DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2196-10
14 January 2011
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 11 January 2011. 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 20 April 1979 at age 18 and began a
period of active duty on 1 May 1979. You served without
disciplinary incident until 31 March 1982, when you received
nonjudicial punishment (NUP) for wrongful possession of
marijuana. The punishment imposed was a $67 forfeiture of pay,
restriction for 53 days, extra duty for five days, and reduction
to paygrade E-3.
On 29 July 1982 you were convicted by special court-martial
(SPCM) of wrongful possession, sale, and transfer of cocaine.
You were sentenced to confinement for 90 days, 75 days of which
was suspended for six months, a $1,095 forfeiture of pay, and a
bad conduct discharge (BCD). Subsequently, the BCD was approved
at all levels of review and on 22 May 1987 you were 60
discharged.
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. It also
considered your assertion that your discharge was due to your
addiction which was later determined to be a disease.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive drug related misconduct which resulted in NUP,
a SPCM, and your discharge. Finally, even if your addiction
{pasted at the tiie of your seyvice, such abuse or condition is
not excusable for misconduct ahd you were responsible for your
actions. Accordingly, yyour application has been denied.
: f
Tt 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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