DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
pocket No: 1225-09
10 March 2009
our application for correction of your
This is in reference to y
tle 10 of the United
naval record pursuant to the provisions of ti
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 March 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
The Board found that you enlisted in the Navy on 19 March 1982.
You received two nonjudicial punishments and were convicted by a
summary court-martial. The offenses included drunken or reckless
driving, disobedience of a lawful order, disrespect, failure to
obey a lawful order, failure to gualify for damage control, and
an unauthorized absence.
On 23 April 1986 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct due to a pattern of misconduct. After
being 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 you were discharged on 22 May 1986
with a discharge under other than honorable conditions.
In its review of your application, the Board carefully considered
your contention that you were suffering from a bipolar disorder,
and that the acts of misconduct which resulted in your discharge
were symptoms of ie undiagnosed bipolar disorder. The Board
could not find any evidence in the available records or your
applice! ion which corroborate: that contention. Accordingly, and
as you have not demonstrated that it would be in the interest of
justice for the Board to upgrade your discharge, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
Tt 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,
Ww. Di
Executive
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