DEPARTMENTOFTHE NAVY
OF NAVAL RECORD
ANNEX
NAVY
BOARCI FOR CORRECTION
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 5984-02
4 October
2002
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 2 October 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together'with all material submitted in support
Your allegations of error and
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.
The record reflects that you received four
The Board found that you enlisted in the Marine Corps on 23 May
1979 at age 17.
nonjudicial punishments.
absence of two days, absence from your appointed place of duty on
seven occasions, disrespect,
barracks on two occasions,
hours.
The offenses included an unauthorized
and drinking wine during working
possession of alcohol in the
198% the commanding officer recommended that you
On 22 December
be separated with an other than honorable discharge by reason of
misconduct.
When informed of the recommendation, you elected to
waive the right to present your case to an administrative
discharge board.
nonjudicial punishments for drinking beer in the barracks,
disrespect, and an unauthorized absence of a day.
by the discharge authority,
approved and you were discharged on 3 February 1982 with an other
than honorable discharge by reason of misconduct.
Subsequently, you received two additional
the recommendation for separation was
After review
such as your youth and the
In its review of your application the Board carefully weighed all
potentially mitigating factors,
contention that your bi-polar disorder caused your misconduct.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge given
your record of frequent involvement with military authorities,
specifically, six disciplinary actions within a period of less
than three years.
In this regard, there is no evidence in the
record, and you have submitted none,
to show that you suffered
from a bi-polar disorder at the time of your service.
Additionally, even if you did, and it became symptomatic during
your period of active duty,
disorder caused an inability to know right from wrong or adhere
to the right, or that it was sufficiently mitigating to warrant
recharacterization.
denied.
furnished upon request.
The names and votes of the members of the panel will be
there is no indication that the
Accordingly, your application has been
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,
W. DEAN PFEIFFER
Executive Director
copy to:
The American Legion
2
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