D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 675-99
2 September 1999
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 31 August 1999. 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 in justice.
The Board found that you enlisted in the Naval Reserve on 5 March
1981 at age 20 and reported for extended active duty on 30 March
1981. On 23 August 1981 you were diagnosed with a passive
aggressive personality disorder and alcohol dependence. On 11
June 1983 you received nonjudicial punishment for an unauthorized
absence of about two days and making a false statement.
Subsequently, you were counseled and warned that further
misconduct could lead to an administrative discharge under other
than honorable conditions. The record shows that you were an
unauthorized absentee on two occasions in August 1983, totaling
about 11 days. There is no disciplinary action in the record for
these absences.
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Based on the foregoing record you were processed for an
administrative discharge due to unsatisfactory performance. In
connection with this processing, you elected to waive your
procedural rights. Subsequently the discharge authority directed
a general discharge. You were so discharged on 18 August 1983.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your conduct and overall trait averages
were 2.53 and 2.02, respectively. The minimum average marks
required at the time of your separation for a fully honorable
characterization of service were 3.0 in conduct and 2.8 in
overall traits.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and the
contention that your poor conduct and performance while in the
Navy was caused by hyperthyroidism. You have submitted
documentation showing that in March 1984 you were hospitalized
and remained in a coma for about 25 days because of the thyroid
problem. The Board found that these factors and contentions were
not sufficient to warrant recharacterization of your general
discharge given your record of misconduct, poor performance and
your failure to achieve the required average marks in conduct or
overall traits. The Board was aware that even if you had been
diagnosed with hyperthyroidism while in the Navy and been
discharged for that reason, you would have received the
characterization of service warranted by your service record. In
your case, that is a general discharge under honorable
conditions. In addition, the Board believed that the
hyperthyroidism, which was diagnosed about seven months after
your discharge, did not excuse your periods of unauthorized
absence while in the Navy. 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
r e c o r d , t h e b u r d e n i s on t h e a p p l i c a n t t o d e m o n s t r a t e t h e
e x i s t e n c e o f p r o b a b l e m a t e r i a l e r r o r o r i n j u s t i c e .
S i n c e r e l y ,
W. DEAN PFEIFFER
E x e c u t i v e D i r e c t o r
NAVY | BCNR | CY2001 | 06958-01
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