DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 6911-13
31 July 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 29 July 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 Navy and began a period of active duty on 17
September 1982. You served for nearly two years without
disciplinary incident, but during the period from 14 September
1984 to 6 August 1985, you received nonjudicial punishment (NJP)
on three occasions for two periods of absence from your appointed
place of duty, two specifications of failure to obey a lawful
order, failure to go to your appointed place of duty, and theft
of an officer's -uniform and shoes.
On 30 October 1985 you were convicted by special court-martial
(SPCM) of a 28 day period of unauthorized absence (UA), wrongful
possession and use of cocaine aboard your ship, and wrongful
possession of drug paraphernalia. You were sentenced to
confinement at hard labor for 60 days, a $820 forfeiture of pay,
and a bad conduct discharge (BCD). The BCD was subsequently
approved at all levels of review, and on 3 March 1987, 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
the passage of time. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
included drug abuse. Finally, no discharge is upgraded due
solely to an individual's good post service conduct or the
passage of time. Accordingly, your application has been denied.
“
It is regretted that the circumstances of your case are such that
favorable action Gannot 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 ail 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.
ROBERT D. ZSALMAN
Acting Executive Director
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