Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 09432-07
Original file (09432-07.pdf) Auto-classification: Denied
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,

Similar Decisions

  • NAVY | BCNR | CY2008 | 03743-08

    Original file (03743-08.pdf) Auto-classification: Denied

    During the period from 26 June. The Board also considered the medical documentation submitted in support of your case. It also appears that your fraud continued when you enlisted in the Army National Guard by obtaining a waiver of your physical disability while serving in the Marine Corps and, by omission of your service in the Navy, which included the diagnosis of a severe personality disorder and nonrecommendation for reenlistment, both resulting in the assignment of an RE-4 reenlistment code.

  • NAVY | BCNR | CY2006 | 09290-06

    Original file (09290-06.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.The Board found that you enlisted in the Marine Corps on 27 January 1975. You received the bad...

  • NAVY | BCNR | CY2010 | 02591-10

    Original file (02591-10.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. Further, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an administrative discharge board. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2001 | 06115-99

    Original file (06115-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 June 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. administrative discharge stating, in part, as follows: On 23 August 1990 the psychiatrist recommended your You Although not presently considered a danger to himself, he may make further suicidal threats or gestures...

  • NAVY | BCNR | CY2013 | NR8519 13

    Original file (NR8519 13.pdf) Auto-classification: Denied

    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. On 19 October 2007 an administrative discharge board recommended that you be separated with a discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2007 | 09263-07

    Original file (09263-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2008. 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...

  • NAVY | BCNR | CY2014 | NR0649 14

    Original file (NR0649 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 18 June 2014. 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. You were separated on 15 July 2011, with an honorable discharge due to non-retention on active duty and assigned an RE-3C (when directed by...

  • NAVY | BCNR | CY2005 | 09972-05

    Original file (09972-05.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 Naval Reserve on 9 February 1989 at age 20 and reported for three years of...

  • NAVY | BCNR | CY2010 | 08559-10

    Original file (08559-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 January 2011. Further, there is no evidence which demonstrates that you suffered from a mental disorder that warranted a medical separation or retirement discharge. 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.

  • NAVY | BCNR | CY2007 | 09494-07

    Original file (09494-07.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. In April 1990 you were an unauthorized absentee for about 18 days and missed movement of your unit.Your military record shows that you submitted a written request for a discharge under other than honorable conditions in order to avoid trial by court-martial for the 18 day period of...