DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 827-14
13 February 2015
This is in reference to your applica tion for correction of your
7 Uni 4
naval record pursuant to the provisions of Title 10
States Code, Section 1552.
BF
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 February 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 EE Yeor your naval record, and
applicable statutes, regulations, and policies.
You enlisted in the Navy and began a iod 1 duty on 23
February 1989 You sez about ur m
Gisciplinary incident. However, during cual 19 June
to 11 December 1989, you were convicted by -martial
(SCM) on three occasions and received nonj men
(NTP) on three occasions. Your offenses a © go to
Your aPPpo inted place of duty, breaking re On; rongful
po sion of a knife, wrongful use of marijuana, four perio
Ss ficat
SSienes from your appointed place of duty, two e i
failure to obey a lawful order, and two periods of authorize
absence (UA) totalling 12 days.
On 16 February 1990, you were convicted by special court-martial
(SPCM) of resisting arrest, assaulting a poli ce officer, and
wrongful distribution of marijuana. You were sentenced to
confinement for six months, a $2,880 forfeiture of pay, and a bad
conduct discharge (BCD). Subsequently, the BCD was approved at
all levels of review, and on 2 July 1990, you were so discharged.
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 assertion that the
drugs you had in your possession did not belong to you.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your repetitive misconduct, which included drug
abuse. Finally, there is no evidence in the record, and you
submitted none, to support your assertion. 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 or other matter not previously considered by the Board
within one year from the date of the Board’s decision. 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.
OBERT J. O'NEILL
Executive Director
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