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NAVY | BCNR | CY2002 | 03170-01
Original file (03170-01.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC

 

20370.5100

JRE
Docket No: 3170-01
19 February 2002

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 7 February 2002. 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. In addition, the Board
considered the advisory opinion furnished by a designee of the Specialty Leader for
Psychiatry dated 5 September 2001, a copy of which is attached, and your response thereto.

based on your conviction by special court-martial of

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion. It concluded that your service was appropriately characterized in
1979 with a bad conduct discharge,
being disrespectful to two superior non-commissioned officers and two specifications of
assault, your prior nonjudicial punishment for a one day unauthorized absence, and prior
conviction by special court martial for an unauthorized absence of more than 30 days
duration. Your recent diagnosis of bipolar affective disorder, and your psychiatrist’s opinion
that your misconduct was related to and/or the product of that disorder was not considered
sufficient to warrant the upgrading your discharge as a matter of clemency. In addition, the
Board was not persuaded that you lacked mental responsibility when you committed the
multiple acts of misconduct which resulted in your being separated from the Navy with a bad
conduct 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

MEMORANDUM

NAVAL RECORDS ICO  
.db

EX-

Ref: (a)

ltr EBM, Docket 

# 3170-01, dtd 05 JUN 01

File

Chairman, BCNR, 
BCNR 
Service Record (limited)
Medical Record (limited)
Civilian Psychiatric Record
.ve-rbal ‘request and 

(3)
(4)
Per your 

in accordance with 

ref (a), 

I have reviewed

Review of service record indicates a lo
NJP’s and it would appear time in the

&cIosures (1) through (4).
2.
AWOL, 
bad conduct discharge.
3.
Review of the  
concluded 
4.
a diagnosis of Bipolar Affective Disorder (BAD) had been diagnosed.
that this was 

.oneletter, dated 05 FEB 01, from a civilian 

thasas suffering from a situational anxiety disorder.

white.theservicemember  

medical record 

likely present 

wason active duty.

There is 

“%

diiiculties, including
period of  
rig. He was subsequently 

indudes an evaluation by a psychiatrist. He

psychmtristindicating  that
He opined

given a

honorable/medic$l.

Review of the BCNR record notes that the claimant is requesting an upgrade

I am most struck by the lack 

chatis that 

5.
in discharge status to 
6;
civilian psychiatrist that in the 
majority of 
psychiatric history 
followin
itself, doesn ’t help me ma
9(
It does ’ paint’ 
help.
being recognized.
ceremony because 
In summary, 

of information that 

is in-this chart.

70’s bipolar disorder was underdiagnose

ree with the
Ia. 
. The vast
2

f review with this diagnosis 

.present evidence of a tong

discharge. His foul language towards superiors, in and of
e a diagnosis of BAD. His
oing AWOL  also doesn’t
slig
a picture of someone who feels 
ed by his “abilities” not
ilt
A statement made on 02 FEB 79 that he disrupted a retirement
&would. help him 
ti.tcue,.is somewhat damning.
“get-out faster ”, 
I just don ’t have enough information to respond favorably to his

If ‘he has in fact been in treatment between 

request.
very important for that information to be forwarded to the board so that this chart
could be reviewed again.

1979~and ’2001, it would be

---

-,.
- 

CDR MC USNR-R
Staff Psychiatrist



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