DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS ~
2 NAVY ANNEX
WASHINGTON DG 26370-51600
CRS
Docket No: 3546-08
12 May 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 6 May 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 enlisted in the Marine Corps on 23 May
i978. You received two nonjudicial punishments and were
convicted by a summary court-martial for offenses that included
unauthorized absences, failure to obey a lawful order, violation
of a lawful general order, possession of a bayonet in locker,
possession of alcohol in the barracks, willful disobedience of a
lawful order, Gisrespect, possession of marijuana, and
communication of a threat.’
On 29 May 1981 your commanding officer recommended that you be
separated from the Marine Corps with a discharge under other than
honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
The recommendation was approved by the separation authority, and
you were separated with a discharge under other than honorable
conditions on 25 June 1981. .
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and the contention that bipolar disorder caused your
Misconduct. .The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge,
‘given your extensive disciplinary action, and the absence of
credible evidence that shows you suffered from bipolar disorder
while in the Marine Corps. 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 areé such that
favorable action cannot be taken. You are entitied 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,
ROBERT D. SALMAN
Acting Executive Director
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