DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON Dc 20370-5100 REC
Docket No: 10657-10
8 August 2011
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 3 August 2011. 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
Liste .
You reenlisted in the Navy on 15 July 1980, after more than three
years of honorable gervice. On 22 March 1982, you were convicted
at a general court-martial (GCM) of wrongful possession of
marijuana on approximately 30 occasions, wrongful use of
marijuana, introduction, transfer, and sale of marijuana. You
were gentenced to forfeiture of all pay and allowances, reduction
in pay grade to E-1, confinement at hard labor for one year, and
a bad conduct discharge (BCD). The discharge authority directed
the execution of your BCD. On 21 December 1983, after appellate
review, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and overail record of service. Nevertheless,
the Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of one
conviction by GCM of serious offenses. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
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,
W. DEAN P
Executive D or
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