DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100
TUR
Docket No: 9883-10
24 June 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 21 June 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 3 November 1976 at age 19. You
served without disciplinary incident until 9 March 1978, when you
were convicted by special court-martial (SPCM) of 16
specifications of failure to obey a lawful order involving
selling, transferring, possession, and use of controlled
Substances. You were sentenced to reduction to paygrade E-1 and
a bad conduct discharge (BCD). The BCD was suspended for a year
under the condition that it would be automatically vacated if any
further misconduct occurred. Nonetheless, on 6 July 1978, you
received nonjudicial punishment (NJP) for four specifications of
wrongful possession and use of marijuana, three periods of
absence from your appointed place of duty, disrespect, being in a
restricted area, and disobedience. Shortly thereafter, on 11
July 1978, the BCD awarded at the 9 March 1978 SPCM was vacated.
Subsequently the BCD was approved at all levels of review and on
15 January 1979 you were so discharged. However, you were
erroneously issued a Certificate of Release or Discharge from
Active Duty (DD Form 214) which reflected a “dishonorable”
characterization of service.
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. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your repetitive drug
related misconduct. Accordingly, your application has been
denied.
In regard to your erroneously issued DD Form 214, you may wish to
‘contact the Department of the Navy, Navy Personnel Command
% (BUPERS), Code Pers-312, 5720 Integrity Drive, Millington, TN
* 38055-3120, to request the issuance, if warranted, of a DD Form
215 with the correct characterization of service.
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,
W. DEAN PFEIL
Executive Di
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