DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
TUR
Docket No: 11718-10
16 September 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 13 September 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 reenlisted in the Navy on 18 June 1982 after more than four
years of prior honorable service. You continued to serve without
disciplinary incident until 23 August 1985, when you were
convicted by special court-martial (SPCM) of wrongful use of
cocaine and were sentenced to confinement at hard labor for 30
days, reduction to paygrade E-4, and a $400 forfeiture of pay.
It appears that in October 1986 you were again convicted by SPCM
of unspecified offenses and were sentenced to confinement at hard
labor for three months, a $1,200 forfeiture of pay, and a bad
conduct discharge (BCD). However, your record clearly reflects
that after the BCD was approved at all levels of review, on 20
November 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, prior satisfactory service, and desire to upgrade
your discharge. It also considered your assertion that your
discharge was based on drug abuse. Nevertheless, these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your 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.
Sincerely,
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