DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Tek
Docket No: 6074-10
18 March 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 15 March 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 21 April 1982 at age 17 and began a
period of active duty on 2 November 1982. You served without
disciplinary incident until 14 February 1984, when you received
nonjudicial punishment (NUP) for wrongful use of marijuana. On
20 June and again on 5 July 1984 you received NIP for absence
from your appointed place of duty, drunk and disorderly conduct,
and wrongful use of marijuana.
Subsequently, administrative processing action was initiated by
reason of misconduct due to drug abuse. After consulting with
legal counsel you elected your right to present your case to an
administrative discharge board (ADB). In this regard, an ADB
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. However, before this
recommendation could be considered by the discharge authority, on
3 January 1985, you were convicted by special court-martial
(SPCM) of wrongful use of marijuana. You were sentenced to
confinement at hard labor for 45 days, a $794 forfeiture of pay,
and a bad conduct discharge (BCD). Subsequently, the BCD was
approved at all levels of review, and on 12 February 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 and desire to upgrade your discharge. It also
considered your assertions that your request for transfer was
denied and that you were unjustly and wrongfully convicted by
court-martial. Nevertheless, these factors were not sufficient
to warrant recharacterization of your discharge given the
seriousness of your repetitive drug-related misconduct. Finally,
there is no evidence in the record, and you submitted none, to
support your assertions. 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,
Sue Pt]
W. DEAN PFR
Executive
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