DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 1817-11
9 November 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 8 November 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered active duty on 28
March 1977. On 15 March 1979, you were convicted at a special
court-martial of wrongfully possessing, selling and
transferring a total of 27.04 grams of marijuana on two
occasions, and wrongfully possessing 1.54 grams of marijuana on
a third occasion. Your sentence included a bad conduct
discharge (BCD). On 7 July 1980, after appellate review, you’
received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
sobriety since discharge, and allegation that you wrongfully
possessed marijuana on only one occasion. However, the Board
concluded that your BCD should not be changed due to your
serious acts of misconduct. The Board found that there is
evidence in your record contrary to your allegation. You are
advised that no discharge is upgraded due solely to the passage
of time or post service good conduct. In view of the above,
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
tnjustice.
Sincerely,
\y§ .
Ne
W. BEAN PFE
Executive Di
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