DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 509-14
24 February 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
3 February 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, requlations,
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 Marine Corps and began a period of active
duty on 26 October 1992. On 6 August and 2 November 1993, you
received nonjudicial punishment (NJP) for being absent from your
appointed place of duty, sleeping on post, disrespect and
destruction of government property. Based on the information
currently contained in your record, on 1 October 1993, a medical
board forwarded its opinion that the diagnoses of a bipolar
disorder did not exist prior to your entry onto active duty, but
your borderline personality disorder did exist prior to entry
onto active duty. It was recommended that your case be referred
to the Physical Evaluation Board (PEB) for final adjudication.
On 8 December 1993, the PEB found you unfit for duty, your
bipolar disorder existed prior to entering the service, and not
aggravated by your service. A service entry states that you
were being discharged for the convenience of the government after
being diagnosed with bipolar disorder that existed prior to your
entry onto active duty. After being afforded all of your
procedural rights, you were honorably discharged on 17 March
1994. Your narrative reason for separation was “physical
disability, existing prior to entry.”
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to change the reason for your
digcharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant changing the reason for your discharge
given your misconduct and diagnoses of bipolar disorder that
existed prior to you entering the 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
Sincerel
ROBERT J. ‘NEILL
Executive Director
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