DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
TUR
Docket No: 11014-10
20 July 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 19 July 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 Marine Corps on 27 February 1990 at age 19
and began a period of active duty on 4 April 1990. You served
without disciplinary incident until 15 December 1993, when you
were convicted by special court-martial (SPCM) of four
specifications of wrongful distribution of lysergic acid
diethylamide (LSD).. You were sentenced to confinement for five
months, reduction to paygrade E-1, a $2,500 forfeiture, and a bad
conduct discharge (BCD). Subsequently, the BCD was approved at
all levels of review, and on 29 March 1995, 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, post service conduct, and desire to upgrade your
discharge. Nevertheless, these factors were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your repetitive drug related misconduct.
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.
frien . : Sincerely,
x "
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