DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Decket No: 10792-07
23 June 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
wtates Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 June 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.
ideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
September 1983. You received three nonjudicial punishments.
Your offenses included absence from appointed place of duty,
failure to obey a lawful order, and failure to go to appointed
place of duty on two occasions.
separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. 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 23 September 1985,
In its review of your application, the Board carefully considered
your contention that you were suffering from a bipolar disorder
and severe depression 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,
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