DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 8051-03
17 August 2004

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 10 August 2004. 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.

	9 February 1998 at age  On 9 August 1989 you began a period of active duty and served without disciplinary incident until 2 July 1992, when you were convicted by general court-martial (GCM) of wrongful use of cocaine and two specifications of cocaine distribution. You were sentenced to confinement for a year, reduction to paygrade E-1, a $3,000 forfeiture of pay, and a dishonorable discharge (DD). Subsequently, the DD was approved at all levels of review and on 20 October 1993 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and your assertions that you were not properly counseled, did not understand the magnitude or ramifications of admitting to the charges which resulted in your discharge, and your codefendants were exonerated of all charges. The Board also considered your character reference letters.

Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconduct. The Board noted that your assertions are unsupported by any evidence in the record, and you have submitted no such evidence. Further, the Board has no authority to alter the findings of a court-martial, and must restrict its review to clemency considerations on the sentence. 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.