DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08210-07
14 August 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 14 August 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 17 March 1993.
Prior to the commission of the offenses which resulted in your
bad conduct discharge, you received nonjudicial punishment on
one occasion, and were convicted by a special court-martial.
Your offenses included unauthorized absences, larceny, fraud,
and making a false official statement. You underwent a pre-
separation physical examination on 19 May 1995 and were found
physically qualified for separation. You were tried by special
court-martial on 21 June 2005, and convicted of multiple absence
offenses, to include an absence without authority from 21
December 2004 to 24 April 1995. You were sentenced to
confinement at hard labor, forfeiture of pay, reduction to pay
grade E-1, and a bad conduct discharge. On 6 October 1996,
while on appellate leave, you were admitted to a naval medical
center for evaluation of the suicidal and homicidal ideation you
had disclosed while receiving alcohol rehabilitation services at
a Navy alcohol rehabilitation center (ARC). You were given
diagnoses of alcohol dependence and opiate abuse by history, and
released to the ARC on 14 October 1996. You were separated from
the Navy with a bad conduct discharge on 31 January 1997.
On 1 July 1999, a civilian mental health care provider gave you
diagnoses of: rule-out (R/O) malingering; R/O factitious
psychiatric disorder; R/O bipolar disorder; alcohol abuse in
alleged remission; R/O alcohol dependence; and, personality
disorder not otherwise specified, with antisocial aspects.
The Board did not accept your unsubstantiated contentions to the
effect that you were suffering from bipolar affective disorder
while serving in the Navy, and that the effects of that disorder
caused or contributed to your commission of the offenses which
resulted in your bad conduct discharge. The Board concluded
that you failed to demonstrate that you lacked mental
responsibility for your actions, or that you were unfit for
further service by reason of physical disability. The Board
noted that you would not have been entitled to disability
separation or retirement even if you had been unfit for duty, as
your bad conduct discharge would have taken precedence over
disability evaluation processing.
In view of the foregoing, 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,
\SYLow
W. DEAN PF R
Executive DNector
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