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TMENT OF THE NAVY
D FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 oo
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Y.
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 13 October 2011. 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.
Bfter careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
yror or injustice.
The Board found that you enlisted in the Navy on 25 F
1983. You received nonjudicial punishment on two oc
offenses that included willful disobedience of a la
committing a nuisance, unauthorized absence, and pos
use of cocaine and marijuana.
On 7 March 1984 a general court-martial convened and found you
guilty of an unauthorized absence and use of marijuana, and
sentenced you to confinement at hard labor for 60 days, reduction
in pay grade, and a bad conduct discharge. You were so
discharged on 10 September 1985.
In its review of your application the Board carefully
potentially mitigating factors, such as your youth, over
service, and the contention that the sentence you receiv
the court-martial was unfair and unjust. The Board conc
that those factors were insufficient to warrant
recharacterization of your service, given the serious and
repeated nature of your use of unlawful drugs which ultimately
resulted in your discharge. 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 naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\a |
W. DEAN PF
Executive Di t
Tine
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