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NAVY | BCNR | CY2013 | NR6613 13
Original file (NR6613 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

 

BUG
Docket No: 6613-13

8 July 2014

 

This is in reference tg 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 8 July 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. enlisted in the Navy and entered active duty on 16 April
1984. You were convicted by a general court-martial (GCM) of
conspiracy to wrongfully distribute methamphetamine aboard a
Naval vessel, wrongful introduction of methamphetamine aboard a
Naval vessel, and wrongful distribution of methamphetamine aboard
a Naval vessel (two instances). The sentence at your GCM
included a dishonorable discharge (DD).
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 to receive veterans’ —
benefits. However, the Board concluded that your DD should not
be changed due to your acts of drug -related misconduct. The
Board concluded that your sentence was not overly harsh in light
of the serious nature of your misconduct. 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.

Et-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,

a SSS 5S

ROBERT D. 4SALMAN
Acting Executive Director

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