DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 583-14
24 February 2015
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
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, 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 and began a period of active
duty on 23 June 1986. On 18 February 1988, you were counseled
regarding your blatant disregard for regulations and policy
regarding the use and possession of illegal controlled
substances. On 23 February 1988, you received nonjudical
punishment (NJP) for wrongful use of cocaine. You received a
reduction in paygrade, a forfeiture of pay, restriction and extra
duty. Subsequently, administrative discharge action was
initiated by reason of misconduct due to wrongful drug use. You
waived your rights to consult counsel, submit a statement, or
have your case heard by an administrative discharge board (ADB).
Your case was forwarded to the separation authority recommending
that you receive an other than honorable (OTH) discharge by
reason of misconduct. On 15 August 1988, the separation
authority concurred and directed your separation. You were so
discharged on 29 August 1988.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service medical issues, desire to
upgrade your discharge, and claim of a bipolar disorder.
Nevertheless, the Board concluded these factors were not
Sufficient to warrant recharacterization of your discharge given
the fact that you were counseled regarding the illegal use of
drugs, and NJP for wrongful drug use. Regarding your claim of
suffering from bipolar disorder, the Board may only consider a
claim of bipolar disorder when an applicant presents clear
evidence that the bipolar disorder is service connected and
related to the alleged error or injustice. Despite claim of
having a bipolar disorder, the Board determined it insufficient
to warrant relief since there is no evidence in the record to
support it, and you submitted none. 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.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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