DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9444-08
19 December 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 29 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 7 September
1979. You received three nonjudicial punishments for offenses
that included possession of marijuana on two occasions and
possession of hashish. On 22 May 1982 your commanding officer
recommended that you be separated with a discharge under other
than honorable conditions by reason of misconduct due to drug
abuse based on a positive urinalysis for marijuana. When
informed of the recommendation, you elected to waive the right to
present your case to an administrative discharge board. After
review by the discharge authority, the recommendation for
separation was approved and on 9 June 1982 you received a
discharge under other than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and that you had symptoms of bipolar disorder that
caused your misconduct. The Board concluded that those factors
are insufficient to warrant recharacterization of your discharge,
given your involvement with unlawful drugs. Further, there is no
evidence in the record, and you have provided none, to show that
you suffered from bipolar disorder while in the Navy. In
addition, even if you did have symptoms of bipolar disorder
during your period of active duty, there is no indication that
you did not know right from wrong or were unable to adhere to the
right. 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,
\saecs
W. DEAN P
Executive
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