DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TUR
Docket No: 11283-11.
4 August 2011
This ig 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 2 August 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 ail
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 on 18 March 1986 at age 19 and began a
period of active duty on 3 April 1986. You served without
disciplinary incident until 1 February 1987, when you received
nonjudicial punishment (NIP) for two specifications of wrongful
possession and use of marijuana, three periods of absence from
your appointed place of duty, and.failure to obey a lawful order.
Shortly thereafter, on 17 February 1987, you received NJP for
disrespect and failure to obey a lawful order. About four months
later, on 23 June 1987, you were convicted by special court-
martial (SPCM) of five periods of failure to go to your appointed
place of duty, unauthorized possession of two identifications
cards, and wrongful possession of marijuana. You were sentenced
to confinement at hard labor for 60 days and an $800 forfeiture
of pay.
On 12 December 1987 you were again convicted by SPCM. Your
offenses were larceny, failure to obey a Lawful order, and a 44
day period of unauthorized absence (UA). You were sentenced to
confinement for three months, a $1,314 forfeiture of pay, and a
bad conduct discharge (BCD). Subsequently, on 3 February 1989,
the BCD was approved at all levels of review, and on 13 February
1989, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. It also considered your assertions that your
discharge was due to psychiatric problems and your inability to
serve was due to your alcohol and drug problems. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your repetitive drug
related misconduct and your lengthy period of UA from the Navy.
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,
LoS kelag:
W. DEAN P R
Executive \jirector
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