DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 422-12
17 October 2012
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 10 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered active duty on 22 October
1987. Your record is incomplete, however, on 29 March 1990, you
were convicted at a general court-martial, in accordance with
your guilty plea, of wrongful possession or use of a controlled
substance. The sentence at your GCM included a bad conduct
discharge (BCD). On 7 February 1982, 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 and
current desire to upgrade your discharge. However, the Board
concluded that your BCD should not be changed due to your
serious drug related misconduct. You are advised that no
discharge is upgraded due merely 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.
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,
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2012 | 00231 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 October 2012. On 11 October 1967, you received the BCD after appellate review. 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.
NAVY | BCNR | CY2011 | 04649-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2012. 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. On 28 October 1971, after appellate review, you received the BCD.
NAVY | BCNR | CY2011 | 06490-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2012. The sentence at your second SPCM included a bad conduct discharge (BCD). 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.
NAVY | BCNR | CY2011 | 06634-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2012. You then received a captain’s mast for a four day period of UA, and the BCD was ordered to be executed. 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.
NAVY | BCNR | CY2011 | 04776-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 2012. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.
NAVY | BCNR | CY2011 | 05443 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 February 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 04622-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2012. On 16 September 1985, after appellate review, you received the BCD. 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.
NAVY | BCNR | CY2011 | 04642-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2012. Your sentence included a bad conduct discharge (BCD). 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.
NAVY | BCNR | CY2011 | 04542-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2012. Furthermore, on 15 June 1965, you were convicted again at a SPCM of UA in excess of 32 days and of failing to obey a lawful order. 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.
NAVY | BCNR | CY2011 | NR11235 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2012. The sentence at your SPCM included a bad conduct discharge (BCD) . Consequently, when applying for a correction of an official naval record, the burden 1s on the applicant to demonstrate the existence of probable material error or injustice.