DEPARTMENT OF THE N A V Y
B O A R D F O R C O R R E C T I O N O F NAVAL R E C O R D S
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2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 1680-01
3 April 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 1 0 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 2 April 2002. 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 reenlisted in the Navy on 13 November 1992 after more than
four years of active service on a prior enlistment. On 17
September 1993 you received nonjudicial punishment for
disobedience of an order to remain with an authorized escort and
failure to wear the uniform of the day. The punishment imposed
was a reduction in rate from AT3 (E-4) to ATAN (E-3) .
Documentation in the record indicates that you were the subject
of a psychiatric evaluation and diagnosed with a personality
disorder. However, the psychiatric evaluation is not contained
in your personnel or medical records. Based on the diagnosed
personality disorder, you were processed for an administrative
discharge. However, the discharge documentation, which would
include the psychiatric evaluation, is not filed in the service
record. The report of your separation physical examination
states that you were diagnosed with a paranoid personality
disorder and refers to the psychiatric evaluation. The enlisted
performance record (page 9) indicates that for the period from 1
July to 6 October 1993, you were assigned an adverse mark of 2.8
in personal behavior and a marginal mark of 3.0 in reliability.
You were honorably discharged by reason of a diagnosed
personality disorder on 6 October 1993. At that time, you
acknowledged that you were not eligible for reenlistment.
You state that your wife was having an affair and complained to
her command that she was afraid that you were dangerous and
feared for her life. Apparently because of this complaint, you
were restricted and placed in a liberty risk category which
required an escort when you left the ship. You also state that
you only accepted the discharge so that you could get off the
ship. You are requesting a change in the reason for your
discharge and restoration to AT3 because the punishment was too
severe given your previous good record and the nature of the
offenses.
Regulations allow for the destruction of the nonjudicial
punishment evidence after a period of two years. Therefore, the
Board is unaware if you were counseled or warned prior to the
offenses. Documentation you submitted shows that a senior chief
recommended that the charge of being out of uniform be dropped,
but he apparently felt that the charge of leaving your escort was
appropriate. In the absence of any evidence, the Board could
only conclude that the commanding officer did not abuse his
discretion when he imposed a reduction in rate on 17 September
1993.
There is no evidence in the record, and you have submitted none,
showing that you were improperly discharged due to the diagnosed
personality disorder. The Board concluded that you were properly
discharged and a change in the reason for your discharge is not
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 PFE IFFER
Executive Director
Copy to:
The Disabled American Veterans
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