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NAVY | BCNR | CY2002 | 09878-02
Original file (09878-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TRG
 Docket No: 9878-02
27 August 2003




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 19 August 2003. 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 12 December 1983 at age 23. Subsequently, you completed recruit training and, on 27 July 1984, you graduated from “A” school.

There is documentation in your record to show that you were an unauthorized absentee on two occasions totaling about 9 days. However, on 13 February 1985 you received nonjudicial punishment for three periods of unauthorized absence and received forfeitures of pay.

The documentation to support discharge processing is not filed in your service record. However, the DD Form 214 shows that on 28 March 1985 you received an honorable discharge by reason of a diagnosed personality disorder. At the time of your discharge, you acknowledged that you were not recommended for reenlistment because of the personality disorder. You were assigned an RE-4 reenlistment code.

You contend in your application that you needed to be discharged from the Navy because your wife was not properly caring for your children. You have submitted documentation showing that in April
1985 you began action to divorce your wife and gain custody of the children. You desire a change in the reason for discharge so that you can obtain veterans benefits.

Although the discharge documentation is not filed in the service record, the Board presumed that you were diagnosed with a personality disorder, were notified of separation processing for that reason, and waived your right to submit a statement or otherwise contest the discharge. The Board concluded that you were properly discharged.

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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