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NAVY | BCNR | CY2003 | 04409-03
Original file (04409-03.pdf) Auto-classification: Denied
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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