DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON DC 203704100

TJR
Docket No: 8244-98
18 May 1999

*

Dear

*.

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 11 May 1999.
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.

Your allegations of error and

After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error  
injustice.

.or

A few months later, on 30 July 1989, you were taken to

Your,record reflects that on 17 April 1989, after

The Board found'you enlisted in the Navy on 29 March '1989 at the
age of 18.
undergoing a neuro-psychiatric evaluation (NPE), you were
diagnosed with a mild to moderate adjustment disorder which was
manifested by an anxious mood and difficulty adapting to
training.
an emergency room because you had been found unconscious in a
night club bathroom.
had consumed about half of a bottle of alcohol, were verbally
abusive and intoxicated, and used slurred speech.
You were
diagnosed with alcohol intoxication and probable alcoholism. On
5 September 1989 you were diagnosed with a severe borderline
personality disorder which existed prior to enlistment (EPTE) and
alcohol abuse.

The medical report noted, in part, that you

Your record further reflects that on 6 September 1989 you
received nonjudicial punishment  
absence from your appointed place of duty, failure to go to your
appointed place of duty,
disrespect, failure to obey a lawful order, resisting arrest, and

two days of unauthorized absence,

(NJP) for five incidents of

The punishment imposed was

assault.
and restriction and extra duty for 45 days.
after undergoing another NPE,
severe personality disorder and warned that if a pattern of
misconduct continued your command could proceed with an
administrative 
follows:

The report noted, in part, as

you were again diagnosed with a

separati,on.

forfeitures totalling $349

On 8 September 1989,

. 

. 

. went to captain's mast....

. 
adjusting to restricted status, with verbal abuse and
disrespect to petty officers and peers, and acting passive
aggressive and childish.... admits to problems with
authority figures/EPTE....
admits to several  

is an episodic heavy drinker....

now is having difficulty

maladaptive  angry

personality disorder, severe/EPTE.... is responsible for her
actions.... is likely to continue her  

acting out behavior.... if a pattern of misconduct continues
command should document same and proceed with administrative
separation.

Your record also reflects that you then were notified of pending
administrative separation action by reason of entry level
performance and conduct,
disciplinary infractions.

and misconduct as evidenced by minor
After consulting with legal counsel

Shortly thereafter, on 29 September 1989, you were

However, on 18 September 1989,
you objected to the separation.
your commanding officer recommended you be issued an entry level
separation by reason of entry level performance and conduct and
misconduct.
referred for a psychiatric evaluation because you were deemed a
suicide risk after a counselor screened a letter in which you
made reference to suicide.
The psychiatric report noted, in
part, that you had a history of suicide attempts from the age of
17.
administrative separation.

At this time you were also strongly recommended for an

Subsequently, on 1 October 1989 the discharge authority directed
your commanding officer to reprocess you for separation by reason
of misconduct due to commission of a serious offense.
October 1989 you were convicted by special court-martial (SPCM)
of two incidents of failure to go to your appointed place of
You were
duty, six incidents of disrespects, and assault.
sentenced to confinement at hard labor for two months,
forfeitures totalling $900,
portion.of the forfeitures was suspended for six months.On 15
October 1989 your legal counsel,
in an application for clemency,
requested that the BCD be suspended for 12 months and that you be
restored to duty. However, on 27 February 1990, the foregoing
request was denied.
reviewed and approved and the BCD was ordered executed.

Subsequently, the sentence of the SPCM was

and a bad conduct discharge (BCD). A

On 2

On 3
October 1990 you received the BCD.
reenlistment code.

The Board further considered your educational

The Board, in its review of your entire record and-application,
carefully weighed all potentially mitigating factors,.such as
your youth and immaturity, post service conduct, and your
contention that you would like your discharge upgraded and
changes in the narrative reason for separation and reenlistment
code because your ability to serve was impaired due to your
drinking problems.
accomplishments, post service conduct, letters of character
reference, the diagnosed personality disorder, and the letter in
support of your case from the Veterans of Foreign Wars.
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change in the narrative
reason for separation or reenlistment code given the seriousness
of your frequent misconduct within such a short timeframe.
Further, the Board noted that even though you had been warned of
Given
an administrative separation,
the Board concluded that your
all the circumstances of your case,
discharge, narrative reason for separation, and reenlistment code
were proper and no change is warranted.
application has been denied.

your misconduct continued.

However,

Accordingly, your

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
You are entitled to have the
favorable action cannot be taken.
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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