DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 11326-10
21 July 2011
This. is in reference to. your application for correction of your
naval record pursuant to the provisions of titie 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 19 July 2011. The names and votes of the members
of the panel will be furnished wpon 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 and began a period of active duty on
1 April 1987. The Board found that you were convicted by special
court-martial (SPCM) of wrongful use of marijuana. You were
sentenced to confinement, a forfeiture of pay, @ reduction in
paygrade, and a bad conduct discharge (BCD). You received the
BCD on 3 October 1989 after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, the reason you wrongfully used drugs, and desire to
upgrade your discharge. Nevertheless, based on the information
currently contained in your record, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your SPCM conviction of drug use. 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,
W. DEAN P
Executive Di
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