DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 4304-14
6 July 2015
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This is in reference to your application for correction of your
naval record pursuant to the provisions of Title it, 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 4 June 2015. 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. The Board did not find persuasive evidence in your
case that would qualify you fora medical retirement. The Board
took into consideration your post service medical evaluations
and subsequent diagnosis of bipolar disorder. However, your
service records contained no evidence of treatment for this
condition. The Board noted that you were referred to the
Physical Evaluation Board (PEB) due to your chronic back pain,
but again found no evidence of complaint or treatment for
bipolar disorder during the evaluation process. As a result,
the Board was unable to determine, based on the available
evidence, whether your post service bipolar disorder would have
been unfitting in the absence of objective evidence
demonstrating the inability to perform ali military duties.
In regards to your request to remove your nonjudicial punishment
(NUP) and reinstatement of your rank, the Board was unable to
determine whether or not your bipolar disorder was present at
the time of your misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to remove the NUP, and allegations of being
wrongfully punished under the Uniform Code of Military Justice
(UCMT) . Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case because no error
or injustice was identified during the administration of your
NIP. Specifically, the Board determined the NJP was properly
imposed as a result of your repeated misconduct and your attempt
to remove administrative and punitive information from your
record. 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 within one year from the date of the Board’s decision.
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 ex injustice.
Sincerely,
ROBERT J. O’NEILL
Fxecutive Director
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