DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 07629-13
2 September 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 27 August 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Marine Corps on 13 April 1985, after more
than two years of prior honorable service. On 31 October 1988,
you were convicted by a special court-martial (SPCM) of wrongful
use of cocaine and sentenced to a reduction in pay grade and a
bad conduct discharge (BCD). You were separated with a BCD on
_ 22 June 1990, upon completion of the appellate review of your
conviction and sentence.
The Board, in its review of your application, carefully
considered all potentially mitigating factors present in your
case, such as your prior honorable service. Nevertheless, the
Board found those factors insufficient to warrant
recharacterization of your service given your conviction of a
serious drug offense. Accordingly, 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
«maval record, the burden is on the applicant to demonstrate the
‘existence of probable material error or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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