DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4185-11
10 February 2012
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 7 February 2012. 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
irjuptice.
You reenlisted in the Marine Corps on 13 August 1982 after three
years of prior honorable service. You continued to serve without
disciplinary incident until 13 July 1983, when you were convicted
by special court-martial (SPCM) of wrongful possession of
lysergic acid diethylamide (LSD) with intent to distribute, eight
specifications of attempted distribution of 21 doses of LSD, and
nine specifications of theft from fellow Marines in the amount of
$50. You were sentenced to reduction to paygrade E-1,
confinement at hard labor for 90 days, a $1,000 forfeiture of
pay, and a bad conduct discharge (BCD). Subsequently, the BCD
was approved at all levels of review and on 30 September 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 period of prior satisfactory service and desire to upgrade
your discharge. It also considered your assertion that there
were no actual drugs involved in your offenses. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your drug related
misconduct. Finally, there is documented evidence in the record
that is contrary to your assertion. 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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