DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00151-08
19 September 2008
quam
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 11 September 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 served on active duty from 29 March
1989 to 20 August 1992, when you were separated from the Navy
with a bad conduct discharge. The discharge was pursuant to the
approved findings and sentence of a special court-martial which
convicted you of violations of Uniform Code of Military Justice
articles 85, 86, 89, 91, 108, 128, and 134.
The Board was not persuaded that you suffered from bipolar
affective disorder, lacked mental responsibility for your
actions, or were unfit for duty by reason of physical disability
while serving in the Navy. The Board noted that even if you had
been unfit for duty, you would not have been entitled to
disability separation or retirement, because your conviction by
court-martial and bad conduct discharge would have taken
precedence over disability processing. 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,
Te > ep
ROBERT D> ZSALMAN
Acting Executive Director
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