DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 7273-01
27 December 2001
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 12 December 2001.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 23
January 1990 at age 19.
On 19 September 1990 you received
nonjudicial punishment for an unauthorized absence of three days.
A psychiatric evaluation,
conducted on 21 September 1990, found
that you had a personality disorder noted that you were a high
risk for future
suicidial behavior.
On 30 November 1990 the commanding officer recommended that you
be separated with a general discharge by reason of the diagnosed
personality disorder.
When informed of the recommendation, you
elected to waive the right to submit a statement in response to
the proposed action.
After review by the discharge authority,
the recommendation for separation was approved and you received a
general discharge on 31 January 1991.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your contention that you
were lied to by your recruiter and that you lied to get out of
the Marine Corps.
However, the Board concluded that these
factors wee not sufficient to warrant recharacterization of your
discharge given the fact that in about a year of service, you
received a disciplinary action.
evidence in the record, and you have provided none, that your
recruiter lied to you.
that an individual who procures his discharge by fraud should not
benefit from the fraud when it is discovered.
Therefore, the
Board concluded that your discharge was proper as issued and no
change is warranted.
denied.
furnished upon request.
The names and votes of the members of the panel will be
Accordingly, your application has been
Additionally, there is no
Further, it is well settled in the law
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
2
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