DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 7443-14
10 July 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
S 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 Navy, began a period of active duty on
7 February 2002, and served without disciplinary incident for
about eight months. However, on 25 October 2002, you were
counseled and advised of using your chain of command and being
judicious in your statements. During the period from 28 October
to 20 November 2002, you received two nonjudicial punishments
(NUP) for insubordinate conduct, provoking speeches or gestures,
failure to obey a lawful order, failure to Obey a lawful general
order, and for being absent from your appointed place ef duty.
You appealed the NUP imposed on 28 October 2002; however, that
appeal was denied.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to the commission of a serious offense.
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 the
commission of a serious offense. The separation authority
concurred with the recommendation and directed an OTH discharge.
On 5 December 2002, 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
desire to have your NUPs removed. The Board also considered
your assertion that you were denied treatment for bipolar I
condition. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given the seriousness of your misconduct which resulted ina
counseling and two NUPs. Your commanding officer’s decision to
impose the NUJPs and deny your appeal was appropriate in light of
the offenses you committed. In regards to your assertion, there
is no evidence in the record, and you submitted none, that you
were diagnosed with, or denied treatment for, bipolar I
condition while in 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.
Sinceyely,
ROBERT J. O'NEILL
Executive Director
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