DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 11897-09
22 February 2010
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 January 2010. 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 29 March 1982.
You received nonjudicial punishment on four occasions for
offenses that included an unauthorized absence, wrongful use of a
habit forming narcotic, wrongful use of marijuana on two
occasions, absence from appointed place of duty, and breaking
restriction.
On 8 May 1984 your commanding officer recommended that you be
separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
When informed of that recommendation, you waived 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 23 May 1984 you were separated by
reason of misconduct 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 bipclar disorder and
that the acts of misconduct which resulted in your discharge were
symptoms of this undiagnosed disorder, but the Board could not
find any evidence in the available record which corroborates that
contention. 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,
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