DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2573-07
1 May 2008
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 23 April 2008. 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 establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 13 July 1977.
During the period from 13 July 1977 to 8 January 1981 you
received five nonjudicial punishments for offenses that included
absence from appointed place of duty, failure to obey a lawful
order, disrespect, and unauthorized absences totaling 30 days.
On 16 December 1980 your commanding officer recommended that you
be separated from the service with a discharge under other than
honorable conditions by reason of misconduct due to frequent
involvement of a disciplinary nature with military authorities.
After being informed of the recommendation, you elected to waive
the right to present your case to an administrative discharge
board. The recommendation was approved by the separation :
authority on 2 January 1981, and you were separated from the Navy
with a discharge under other than honorable conditions on 8
January 1981.
The Board did not accept your unsubstantiated contention to the
effect that your misconduct was caused by or related to the
effects of undiagnosed bipolar disorder. It concluded that your
service was properly characterized as under other than honorable
conditions in view of your frequent disciplinary infractions, and
that you have not demonstrated that it would be in the interest
of justice for it to upgrade 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,
ey D a
ROBERT D: SALMAN
Acting Executive Director
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