Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 08827-05
Original file (08827-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                  WASHINGTON DC 20370-5100



                                                      CRS
                                                      Docket No: 8827-05
                                                                                           1 March 2006






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 1 March 2006. 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 a letter furnished by Headquarters Marine Corps (HQMC) dated 21 March 1983, a copy of which is attached.
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 enlisted in the Marine Corps on 18 July 1980. The record reflects that on 12 August 1980 you received nonjudicial punishment for absence from your appointed place of duty and willful disobedience of a lawful order. On 27 October 1980 you received an honorable discharge by reason of “Marine Corps recruit failure program.” At that time, you were assigned a reenlistment code of RE-3F.

You submitted a letter from a doctor, dated 20 February 2004, that stated he was treating you for bipolar disorder.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and contention that you had a bipolar disorder prior to enlistment. However, the Board concluded that these factors were not sufficient to warrant a change in the reason for discharge. Additionally, the Board concurred with the comments contained in the HQMC letter. Further, there is no indication that your bipolar disorder caused an inability to know right from wrong or adhere to the right, or that it otherwise rendered the reason for separation and reenlistment code improper or unjust. 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 impo rtant 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 PFE IFFER
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2006 | 06663-06

    Original file (06663-06.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEXWASHINGTON DC 2O37O-5100 RSDocket No: 6663-06 7 September 2006This 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 September 2006. Documentary material considered by the Board consisted of...

  • NAVY | BCNR | CY2010 | 12425-10

    Original file (12425-10.pdf) Auto-classification: Denied

    You now request that the report for 2 October 1980 to 31 January 1981 be modified by addition of the reporting senior’s (RS’s) undated letter, and you again request removing the other two reports. 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, and the Board’s file on your prior case. Consequently, when applying for a correction of...

  • NAVY | BCNR | CY2005 | 08769-05

    Original file (08769-05.rtf) Auto-classification: Denied

    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.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to...

  • NAVY | BCNR | CY2007 | 09432-07

    Original file (09432-07.pdf) Auto-classification: Denied

    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. 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. There is no evidence in the record and you have submitted none to show that you were mentally...

  • NAVY | BCNR | CY2005 | 06293-05

    Original file (06293-05.pdf) Auto-classification: Denied

    - A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2006. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 07119-99

    Original file (07119-99.pdf) Auto-classification: Denied

    Based on your conviction by Japanese authorities you were processed for an administrative discharge. The psychiatric diagnoses are Bipolar Disorder, You contend that your deprived background The and drug and alcohol abuse impaired your The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your conviction by Japanese authorities of a serious offense. The Board considered the psychiatric evaluation you showing that you...

  • NAVY | BCNR | CY2010 | 04194-10

    Original file (04194-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2011. 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 request to have your address corrected needs to be sent to Headquarters Marine Corps (HQMC) for an administrative correction, not the Board.

  • NAVY | BCNR | CY2014 | NR509 14

    Original file (NR509 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2015. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2006 | 00099-06

    Original file (00099-06.rtf) Auto-classification: Denied

    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.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 enlisted in the Marine Corps on 14 July 1986 at. However, the Board assumed that the discharge...

  • NAVY | BCNR | CY2008 | 03546-08

    Original file (03546-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...