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NAVY | BCNR | CY2013 | NR6622 13
Original file (NR6622 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

 

BJG
Docket No: 6622-13
17 July 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 16 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.

li

You enlisted in the Navy and began a period of active duty on 1
February 1983. You received nonjudicial punishment on five
occasions and were convicted by a special court-martial (SPCM).
‘Your offenses included failure to obey a lawful order (two
instances), failure to go to your appointed place of duty (six
instances), disrespect, wrongful use of cocaine (two instances),
a 17 day period of unauthorized, and breaking restriction.

The sentence at your SPCM included a bad conduct discharge
(BCD). On 28 July 1987, you received the BCD after appellate
review.
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. However, the Board
concluded that your discharge should not be changed due to your
numerous acts of misconduct and drug abuse. You are advised
that no discharge is upgraded due merely 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. Boagidage consider its decision upon submission of new and
material evidince 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,

ROBERT D. ASALMAN
Acting Executive Director

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