DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 02365-12
25 March 2013
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 20 March 2013. 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 entered active duty in the Navy on 16 June 1982, and served
without disciplinary incident until 14 September 1984, when you
were convicted at a general court-martial (GCM) of drunk and
disorderly conduct, conspiracy, robbery, distributing a
controlled substance, and wrongful possession of a controlled
Substance. You were awarded a bad conduct discharge (BCD).
Additionally, your record is incomplete, but your medical records
show that you were a brig inmate. Your service record shows that
you were incarcerated from 14 September 1984 until 20 November
1986. Since you have not provided any documentation to the
contrary, your record is presumed regular and is therefore,
deemed as correct. After appellate review, on 20 June 1988, you
were separated with a BCD due to your conviction at a GCM.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your claim that the charges were untrue and that they were
racially motivated. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct.
Accordingly, .your application has been denied. Regarding your
allegation of racial prejudice, your record does not support it,
and you have provided no supporting evidence. Additionally, the
Board acknowledged your request for a personal appearance, but it
was 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,
Fe tel S. Gt
ROBERT D. ZSALMAN
Acting Executive Director
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