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 NAVY ANNEX
WASHINGTON DC 20370-51 00
TRG
Docket No: 2773-99
25 August 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 24 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 injustice.
The Board found that you enlisted in the Navy on 5 March 1986 at
age 19. The record shows that you received nonjudicial
punishment on two occasions for two instances of assault and use
of provoking speeches or gestures. In addition, the record shows
several psychiatric evaluations which diagnosed you with an
adjustment disorder and a mixed personality disorder with
antisocial and passive-aggressive features. However, you were
returned to duty for administrative separation.
Based on your disciplinary record, you were processed for an
administrative discharge by reason of misconduct. In connection
with this processing, you elected to waive your right to have
your case heard by an administrative discharge board.
Subsequently, the discharge authority directed discharge for
misconduct with a discharge under other than honorable
conditions. You were so discharged on 29 May 1987.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, low score on
the aptitude test and your contention that the diagnosed
personality disorder impaired your ability to serve. In support
of your contention, you have submitted evidence showing that you
are receiving disability payments from the Social Security
Administration. The Board found that these factors and
contentions were not sufficient to warrant recharacterization of
your discharge given your disciplinary action for two instances
of assault during a period of service which lasted only about a
year. There is no evidence in the record, and you have submitted
none, to show that you were not responsible for your misconduct
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
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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