DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
MTN
Docket No: 6797-14
7 August 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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
25 June 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 27
January 1987. During the period from 16 May 1988 to 7 August
1989 you were convicted by three special courts-martial (SPCM)
for four periods of unauthorized absence totally 337 days and
four specifications of wrongful use of cocaine and marijuana.
You were sentenced to reduction in rank, forfeiture of pay,
confinement at hard labor and a bad conduct discharge.
Subsequently, you were so discharged on 27 February 1990 with a
bad conduct discharge (BCD) as a result of SPCM.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and the assertion that you
were misinformed on your post-service benefits. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the severity of your
misconduct that resulted in your three SPCM convictions.
Concerning your assertion that you were misinformed on your
post-service benefits, the Department of Veterans Affairs (DVA)
has the authority to recharacterize your service for their
purposes. If you have been denied benefits, you should appeal
that denial under procedures established by the DVA.
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.
Sincgrely,
OBERT J. O'’NELLL
Executive Director
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7015S, COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TAT LAL Docket No: 1168-14 27 February 2015 D m ar 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. fy Although your application was not filed in a timely manner, the Board found it in the es of justice to waive the statute of limitations and consider your Ba ean on...
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