DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 2583-13
4 February 2014
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 4 February 2014. 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 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 Marine Corps and began a period of active
duty on 6 July 1992. You served for more than three years
without disciplinary incident, but on 10 October 1995, you were
convicted by special court-martial {(SPCM) of wrongful use of
Marijuana during the period from April to June 1995. You were
sentenced to. restriction for 60 days, a $1,000 forfeiture of pay,
and a bad conduct discharge (BCD). Subsequently, the BCD was
approved at all levels of review, and on 19 December 1996 you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, desire. to upgrade your discharge, and
assertion that you believe that you were in a “Catch 22”
situation. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Finally, there is no evidence in the record, and you provided
none, to support your assertion. 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,
(OS eS
ROBERT D.~2SALMAN
Acting Executive Director
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