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NAVY | BCNR | CY2007 | 06779-07
Original file (06779-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370-5100        




                                    CRS
 Docket No: 6779-07
5 June 2008







This is in reference to your application for reconsideration for correction of your naval record pursuant to the provisions of Title 10 of the United States Code section 1552.
A three-mem b er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 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.
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 10 September 1981. You received three nonjudicial punishments and were convicted by a special court-martial. Your offenses included an unauthorized absence of 67 days, making a false official statement, failure to obey a lawful order, disrespect, and failure to maintain your uniform in a proper manner.
On 8 August 1985 your commanding officer recommended that you be separated from the Navy with a discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense. 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, and you were discharged under other than honorable conditions on 19 August 1985. -

In its review of your application, the Board carefully considered your
contention that you were suffering from a bipolar disorder while on
active duty, and that the acts of misconduct which resulted in your
discharge were symptoms of that condition. The Board could not find any evidence in the available records or your application which corroborates that contention. Accordingly, and as you have not demonstrated that it would be in the interest of justice for the Board to upgrade your discharge as a matter of clemency, 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,



W. DEAN PFIEFFER
Executive Director


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