DEPARTMENT OF THE NAVY
                BOARD FOR CORRECTION OF NAVAL RECORDS
 NAVY ANNEX
WASHINGTON DC 20370-5100

TRG
Docket No:1585-06
17 May 2007

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 15 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 Navy on 27 February 1985 at age 20. you completed initial training and on 11 September 1985. you reported to your first duty station. On 6 December 1985 and 26 March 1986, you received nonjudicial punishment for short periods of unauthorized absence.

A special court-martial convened on 16 December 1986 and convicted you of three periods of unauthorized absence totaling about 194 days. The court sentenced you to forfeiture of $400 pay per month for two months, confinement at hard labor for two months, reduction to paygrade E-1, and a bad conduct discharge. Subsequently, you began appellate leave and remained in that status until the bad conduct discharge was issued on 30 January
1988.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and contention that your recruiter advised you not to mention that you suffered from bipolar disorder. You are implying that this disorder contributed to your disciplinary problems while in the Navy. You also claim that you were unaware that your discharge was not automatically upgraded after a period of time. There is no documentation in your record, and you have submitted none, to support your contention that you suffered from bipolar disorder while in the Navy. However, it is clear that the court-martial believed that you were responsible for your actions and competent to stand trial, or you would not have been convicted. Finally, there is no provision in the law or regulations that would require a discharge to be automatically upgraded based solely on the passage of a period of time. 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,

							W. DEAN PFEIFFER
		Executive Director

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