DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00309-08
20 November 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 16 October 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 24 June 1982.
You received nonjudicial punishment on three occasions during
the 20 March-29 May 1984 period for offenses that included
wrongful appropriation of government property, dereliction of
duty, failure to obey a lawful order, unauthorized absence, and
possession and use of marijuana on several occasions. You
underwent a pre-separation physical examination on 5 July 1984
and were found qualified for separation. You were discharged by
reason of misconduct/drug abuse on 12 July 1984, with a
discharge under other than honorable conditions.
The Board was not persuaded that you were suffering from bipolar
affective disorder, major depressive disorder or posttraumatic
stress disorder during your period of naval service, that you
lacked mental responsibility for your actions, or that you were
unfit for duty by reason of physical disability that was .
incurred in or aggravated by your service. The Board could not
find any indication in your naval record that you suffered from
a significant mental disorder. In addition, it noted that on 9
April 2007, you advised a mental health counselor that the first
time you had experienced mental health difficulties was in 1992,
when your wife died.
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,
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