; DEPARTMENT OF. THE NAVY,
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001 . °
ARLINGTON, VA 22204-2490 ,
- . | ERS”. . /
ose 6)» Docket No: 2350-13
, "30 April 2014
This is in reference to your application for correction of. your
navai record pursuant to the provisions of title 10 of the
United States Code section 1552. a
A ehres-ineaber panei of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 February 2014. 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 ATMSELCE: 2 = 3
The Board found that you enlisted in the Navy Reserve on 16
November 1994. On 26. April 1996 a- ‘special court - martial
convened and found ‘you guilty of two periods of: unauthorized
absence totaling 271 “days diiring the years 1995 to’ 1996,
wrongful use of cocainé on two occasions; and- wrongful
possession of cocaine,” The court seritenced -you to ‘confinement
for 60 days, reduction’ in pay‘ grade, and a bad conduct discharge
(BCD). Thereafter, on 9 April-1997: you were convicted by civil
authorities of wrongful posseSsion of ‘cocaine: The civil court
sentenced you to probation, a fine, and your driving license was
suspended for six months. You received the BCD on 16 July 1997
after appellate review.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth, overall
service, and the unsubstantiated contention that you were not an
unauthorized absentee from 1995 to 1997. The Board concluded
that these factors were insufficient to warrant
recharacterization of your service, given the serious nature of
your, misconduct. Accordingly, your application has been denied.
The names and votes Sf 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,
tent Btn
ROBERT D, ZSALMAN
Acting Executive Director
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