DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2505-14
24 March 2015
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, . OS
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on ©
1l March 2015. 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
5 March 1985. On 28 August 1389, you were convicted by special
court-martial (SPCM) of two periods of unauthorized absence (UA)
totaling 279 days and wrongful use of marijuana. You were
sentenced to confinement at hard labor, a forfeiture of pay; a
reduction in paygrade, and a bad conduct discharge (BCD).
You received the BCD on 1 August 1990 after appellate review was
completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your discharge
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not.
sufficient to warrant recharacterization of your discharge given
your SPCM conviction for periods of UA totaling over nine months
and wrongful drug use. Accordingly, your application has been
denied. :
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 within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
ROBERT J. O'NEILL
Executive Director
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