DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 3829-08
5 September 2008
bear ili
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 3 September 2008. Your allegations of error and
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 3 November 1981 at age 17. During
the period from 12 August 1982 to 14 April 1983 you received
nonjudicial punishment (NJP) on three occasions. Your offenses
were intoxication, an unauthorized absence of about one day and
Based on the foregoing record of misconduct, you were processed
for an administrative discharge. In connection with this
processing, you elected to waive the right to have your case
heard by an administrative discharge board. On 14 September 1983
you received your fourth NJP for use and possession of marijuana.
Subsequently, you were an unauthorized absentee for about seven
days for which there is no disciplinary action in the record.
After review, the separation authority directed discharge under
other than honorable conditions and you were so discharged on 14
October 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
contention, in effect, that you only used marijuana because you
suffered from an undiagnosed bipolar disorder. The Board found
that these factors and contention were not sufficient to warrant
recharacterization of your discharge given your repeated
misconduct. There is no documentation in the record to show that
you had a bipolar disorder or if you did that it should excuse or
mitigate your misconduct. The Board concluded that the discharge
was proper as issued and no change is warranted.
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 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,
\nd
W.
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