DEPARTMENT OF THE NAVY
                     BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-~1OO

TRG
Docket No: 99-06
1 May 2006

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.

A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 2007. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 14 July 1986 at. age 18. During the period from 8 April to 14 July 1988 you received nonjudicial punishment on two occasions and were convicted by a summary court-martial. Your offenses were eight instances of failure to go to your appointed place of duty. The record also shows that you were counseled on five occasions concerning your lack of leadership, technical knowledge, proper wearing of the uniform and deficiencies in conduct, attitude and motivation.

The discharge package is not filed in your record. However, the Board assumed that the discharge processing was conducted in accordance with regulations. The Certificate of Release or Discharged from Active Duty (DD Form 214) indicates that you waived the right to have your case heard by an administrative discharge board. On 13 September 1988 you were discharged under other than honorable conditions by reason of a pattern of misconduct.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and Dear contentions that you were suffering from depression and bipolar disorder during your service in the Marine Corps. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge. In this regard, you have submitted no evidence to show that you were not responsible for the actions which led to your discharge from the Marine Corps. The Board concluded that the discharge was proper as issued and no change is warranted.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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. 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,

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