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NAVY | BCNR | CY2011 | 06198-11
Original file (06198-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

REC
Docket No: 06198-11
22 March 2012

 

naval record pursuant to the provisions of title 10, or 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 21 March 2012. 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
21 October 1986, at age 17. On 8 December 1987, you received
nonjudicial punishment (NJP) for being disrespectful in
language, and being in an unauthorized absence (UA) status for
two and one half hours. On 20 January 1988, you received NJP
for failure to obey a lawful order by having alcohol in the
barracks. On 9 May 1988, you received NJP for willfully
disobeying an order, and being UA for 45 minutes. On 3 August
1988, you were convicted by a general court-martial (GCM) of
conspiring to distribute cocaine, wrongfully distributing
cocaine, and wrongfully distributing methamphetamine. You were
sentenced to forfeitures of all pay and allowances, confinement
for three years, and a dishonorable discharge (DD). The
discharge authority directed the execution of your DD. On 5
April 1990, after appellate review, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your record of three NJP’s, and conviction by
acm of very serious offenses. 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,

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