DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 8397-15 
MAY 2 7 2016 
 
Dear 

This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute oflimitations and consider your case on its merits. A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 12 May 2016. Your allegations of error and injustice were reviewed iri accordance with administrative regulations and procedures applicable to the proceedings ofthis 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. 

A review ofyour record shows that you entered active duty with the Navy in October 2006. After approximately four years of successful service, you were hospitalized in September 2010 due to psychotic episodes associated with a bi-polar disorder. This diagnosis resulted in your placement on limited duty on 28 October 2010. However, on 22 November 2010 you went into an unauthorized absence status for approximately 30 days resulting in a pending court-martial. In addition, you also admitted to using marijuana during this period. On 18 March 2011, you were discharged pursuant to your request with an Other than Honorable discharge in lieu ofa 
court-martial. 

The Board carefully considered your arguments that you should receive a general discharge since your case should have been referred to a medical board instead ofa court-martial. Unfortunately, the Board disagreed with your rationale for relief. First, the Board determined you were properly referred to a court-martial based on your unauthorized absence and admitted marijuana use. SECNAVINST 1850.4E directs misconduct processing to supersede disability processing so the command appropriately did not refer you to a medical board while you were being processed for misconduct. Second, the Board determined that you presented insufficient mitigation to warrant a change to your characterization of service. The evidence you provided shows that the Navy's diagnosis ofbi-polar disorder with psychotic episodes was correct. However, the Board did not feel that excused your period of unauthorized absence or wrongful drug use since there was no evidence presented that you were not mentally responsible for your actions. In addition, the seriousness ofyour drug misconduct was sufficient aggravation to · warrant an Other than Honorable characterization without considering the 30 day unauthorized absence. Finally, the Board concluded that you benefited from your deal with the Navy to receive an administrative separation with an Other than Honorable characterization rather than face a court-martial with the possibility of a punitive discharge. Therefore, the Board felt additional clemency was not warranted. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes ofthe members ofthe 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 ofnew 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 this case. In this regard, it is important to keep in ~nind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan offid al naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 
Sincerely, 
Executive Director 
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