DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3012-10
26 January 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 20 January 2011. The names and votes of the
members of the panel will be furnished upon request. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 5 January 1987 at age 18 and served
without disciplinary incident until 1 December 1988, when you
received nonjudicial punishment (NJP) for driving while
intoxicated and failure to obey a lawful order. The punishment
imposed was restriction for 45 days, a $391 forfeiture of pay,
and reduction to paygrade E-3.
On 12 January 1989 you were convicted by special court-martial
(SPCM) of a 42 day period of unauthorized absence (UA), escaping
custody, and wrongful use of marijuana. You were sentenced to
confinement for three months, a $1,398 forfeiture of pay,
reduction to paygrade E-1, and a bad conduct discharge (BCD). It
appears that on 22 June 1989 you were again convicted by SPCM of
an 83 day period of UA. Nonetheless, the BCD was approved at all
levels of review, and on 7 December 1989, you were issued a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you were suffering from a recently
diagnosed bi-polar disorder. Nevertheless, these factors were
not sufficient to warrant recharacterization of your discharge
given the seriousness of your drug-related misconduct, and your
repetitive and lengthy periods of UA from the Navy. Finally,
there is no evidence in the record, and you submitted none, to
support your assertion of suffering from a bi-polar disorder
during your period of service. Accordingly, your application has
been denied. <
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,
W. DEAN PF
Executive edstor
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