DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
CRS
Docket No: 1190-08
6 April 2009
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 1 April 2009. 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 reenlisted in the Marine Corps on 28
June 1984. A general court-martial convened on 2 August 1985 and
found you guilty of an unauthorized absence, driving without a
permit, drunk driving, wrongful use of marijuana, and importing
marijuana on a military aircraft. The court sentenced you to
confinement for nine months, forfeiture of $400.00 pay per month
for nine months, reduction in rank, and a bad conduct discharge.
You were separated from the Marine Corps with a bad conduct
discharge on 23 July 1986.
The Board did not accept your unsubstantiated contention to the
effect that your misconduct was related to the symptoms of
undiagnosed schizophrenia, posttraumatic stress disorder, and
bipolar disorder. The Board concluded that in view of the nature
and severity of your offenses, your service was properly
characterized a bad conduct discharge. Accordingly, and as you
have not demonstrated that it would be in the interest of justice
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,
Dox
W. DEAN PF]
Executive
NO
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