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

TJR
Docket No: 4215-06
11 January 2007

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 9 January 2007. 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 on 20 February 1991 at age 19 and served for a year and six months without disciplinary incident.

Your record contains a message dated 18 August 1992 which states that you and 12 other Sailors were implicated in the use and distribution of drugs. This message further stated, in part, as follows:

An investigation has resulted in the apprehension and pretrial confinement pending a general court-martial (GCM) of five HM/E-3 and below staff members for use and distribution of lysergic acid diethylamide(LSD), cocaine, and marijuana. Twelve additional staff members have been implicated and are currently being interrogated by local Naval Intelligence Service (NIS) agents.

On 9 November 1992 you were convicted by general court-martial (GCM) of wrongful use, possession, distribution, etc. of controlled substances, apparently based on the results. of the investigation. You were sentenced to confinement for nine months, forfeiture of all pay and allowances, reduction to paygrade E-1, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 4 November 1994 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 and assertion that your discharge was inequitable because it was not based on your work performance. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterizati on of your discharge because of the seriousness of your drug related misconduct. 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,

ROBERT D ZSALMAN
Acting Executive Director

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