DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 5751-14
5 August 2015
Dear
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.
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
23 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.
You enlisted in the Marine Corps, began a period of active duty
on 10 September 1986, and served without disciplinary incident
for about six months. However, on 2 March 1987 and
4 August 1987, you received nonjudicial punishment (NJP) for
being absent from your appointed place of duty and an eight-day
period of unauthorized absence. On 24 June 1988, you received
NJP for wrongful use of marijuana. You received your fourth NUP
on 20 December 1988 for operating a vehicle while intoxicated.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you elected to waive your procedural
rights. Your case was forwarded, recommending discharge under
other than honorable (OTH) conditions by reason of misconduct
due to a pattern of misconduct. The separation authority
approved the recommendation and directed an OTH discharge. On
11 March 1989, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, and
your assertion that you have been diagnosed with schizophrenia
and bipolar disorder. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given the seriousness of your misconduct which
resulted in four NUPs. With regard to your assertion, the Board
recognized your recent diagnosis of schizophrenia and bipolar
disorder, but noted that there is no evidence in your record,
and you submitted none, to support any suggestion that you
suffered from or sought help for these conditions while you were
in the Marine Corps. Further, even if there was a nexus between
your condition and the misconduct, the severity of the
misconduct would substantially outweigh any mitigation created
by your condition. Finally, the Board noted that you waived
your procedural rights which may have resulted in a better
characterization 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 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.
Sinceyely,
ROBERT J. O’NEILL
Executive Director
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