DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 2596-11
9 December 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, gitting in executive session, considered your
application on 7 December 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 16 November 1982 after four years
of honorable service. On 6 February 1984, you were convicted by
general court-martial (GCM) of three instances of wrongful
possession and distribution of marijuana on board the USS AUSTIN.
The sentence imposed was 15 months confinement, a forfeiture of
pay, reduction in paygrade and a bad conduct discharge (BCD).
On 12 June 1985, you received the BCD after appellate review was
complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
record of service. Nevertheless, the Board found that these
Factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct. Finally,
there is no provision of law or in Navy regulations that allows
for recharacterization of service due solely to the passage of
time. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
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,
Ww. AN P
Executive Di
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