DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SON
Docket No: 00257-11
27 October 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 25 October 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 and began a period of active duty on
27 February 1980. The Board found that you received four
nonjudicial punishments (NJP’s) for three periods of unauthorized
absence (UA) totaling 28 days, absence from your appointed place
of duty, two instances of disobedience, two instances of driving
while intoxicated, larceny of a government vehicle, drunk and
disorderly conduct, possession of drug paraphernalia, and missing
ship’s movement. On 7 June 1985, you were convicted by special
court-martial (SPCM) of wrongful possession and use of marijuana.
You were sentenced to a reduction in paygrade, confinement at
hard labor, and a bad conduct discharge (BCD). You received the
BCD on 16 September 1986 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, record of service, 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 four NUP’s and SPCM conviction of very serious drug
related offenses. 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,
\Sunas
W. DEAN FHER
Executiv rrector
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