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NAVY | BCNR | CY2013 | NR4816 13
Original file (NR4816 13.pdf) Auto-classification: Denied
DEPARTMENT OF THENAVY ~~
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

BUG
Docket No: 4816-13
15 April 2014

 

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 15 April 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 injustice.

You reenlisted in the Marine Corps on 23 August 1984 after more
than two years of prior honorable service. You received
nonjudicial punishment and were convicted by two special courts-
martial (SPCM). Your offenses included wrongful possession and
use Of marijuana (two instances), a 45 day period of unauthorized
absence, wrongful use of cocaine, and wrongful appropriation of a

-television and stereo speakers. The sentence at your second SPCM

included a bad conduct discharge (BCD). On 16 February 1990,
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, prior
honorable service, remorse, and current desire to upgrade your
discharge. However, the Board concluded that your BCD should
not be changed due to your misconduct and drug abuse. You are
advised that no discharge is upgraded due solely 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,

| rend Co

ROBERT D. ZSALMAN
Acting Executive Director

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