DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03015-03
27 October 2003
This is in reference to your application for
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
c-orrection of your
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 October 2003.
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.
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.
You were counseled on 21 November 1995 and 17
The Board found that you enlisted in the Marine Corps on 5
January 1994.
December 1996 for deficiencies in performance and conduct.
received nonjudicial punishment on 8 May 1997 and 15 August
1997, for unauthorized absences, dereliction of duty, and the
unauthorized use of a government telephone for personal use. On
25 August 1997, you were counseled concerning your failure to
undergo level III alcohol rehabilitation treatment.
You were
discharged under other than honorable conditions on 16 January
1998 by reason of misconduct due to a pattern of misconduct.
You
or that you were unfit for duty
It noted that you were
The Board rejected your contention to the effect that you were
diagnosed as suffering from "bipolar depression" during your
enlistment in the Marine Corps,
by reason of physical disability.
diagnosed as suffering from an adjustment disorder, relationship
problems, and a personality disorder, which are conditions not
considered disabilities under the laws administered by the
Department of the Navy.
for separation by reason of the personality disorder, you had no
right to be separated for that reason rather than misconduct.
It did not accept your contention to the effect that your
enlistment had expired prior to your discharge for misconduct.
In this regard, it noted that your expiration of active
service(EAS)date was extended from 4 to 17 January 1998, due to
the lost time you had accumulated because of your unauthorized
absences.
The Board concluded that your discharge was properly
characterized with a discharge under other than honorable
conditions.
interest of justice for it to upgrade your discharge.
The Board was not persuaded that it would be in the
Although you could have been considered
In view of the foregoing,
The names and votes of the members of the panel will be
furnished upon request.
your application has been denied.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
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