DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVALRECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 20370-5100 JRE
Docket No. 04409-03
27 October 2003
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 16 October 2003. 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, it considered the
comments of your counsel.
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 Board found that you served in the Marine Corps from 16 June
1971 to 15 November 1974, when you were separated from the
service with a bad conduct discharge, pursuant to the sentence
of a special court-martial, which convicted you of three lengthy
absences without authority. In determining your sentence, the
court considered a prior conviction by summary court-martial,
and a record of nonjudicial punishment. You completed 2 years,
1 month and 3 days of creditable, and had 454 days time lost.
The Board rejected your unsubstantiated contentions to the
effect that you were suffering from bipolar affective disorder
when you committed the offenses that resulted in your discharge,
and that those offenses were related to your self-medication
with illegal drugs for an undiagnosed mental disorder. It
concluded that your service was properly characterized by a bad
conduct discharge, given your extensive disciplinary record, and
the absence of significant matters in extenuation or mitigation
thereof. It was not persuaded that you were unfit by reason of
physical disability at the time of your 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 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,
Executive
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