DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 9432-07
28 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 26 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.
You enlisted in the Marine Corps on 13 November 1986 at age 18.
During the period from 23 June 1988 to 1 March 1990 you received
nonjudicial punishment on four occasions. Your offenses were
damaging government property, unauthorized absence for about six
hours, several instances of disobedience and disrespect.
Additionally you were counseled on several occasions concerning
your performance and conduct.
On 14 June 1990 you were notified of separation processing by
reason of a pattern of misconduct. In connection with this
processing, you elected to waive the right to have your case
heard by an administrative discharge board. After review the
separation authority directed discharge under other than
honorable conditions and you were so discharged on 12 July 1990.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and the
documentation you submitted showing that in 2006 you were
diagnosed with bipolar disorder and attention deficit/hyperactive
disorder. It appears that you are contending that these
conditions were present while you were in the Marine Corps and
led to your misconduct and discharge under other than honorable
conditions. The Board found that these factors and contention
were not sufficient to warrant recharacterization of your
discharge given your record of misconduct. There is no evidence
in the record and you have submitted none to show that you were
mentally ill while in the Marine Corps, or if you were that it
was sufficient to excuse or mitigate your record of misconduct.
The Board concluded that the discharge was proper as issued and
no change is warranted.
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,
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