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NAVY | BCNR | CY2005 | 04558-05
Original file (04558-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                      CRS
                                             Docket No: 4558-05
                                                                                           1 March 2006





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 15 February 2006. 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 4 November 1988. The record reflects that on 28 March 1989 you were convicted and fined by civil authorities for reckless driving and leaving the scene of an accident. Subsequently, you received two nonjudicial punishments. The offenses included an unauthorized absence of one day, absence from your appointed place of duty on eight occasions, disrespect, failure to obey a lawful order on three occasions and violation of a lawful general regulation.
A psychiatric evaluation, conducted on 25 April 1989, diagnosed
you with an immature personality disorder and alcohol abuse. On
27 April 1989 you received a third nonjudicial punishment for
absence from your appointed place of duty on two occasions and
failure to obey a lawful order.
On 3 May 1989 your commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to commission of a serious offense. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by
 the discharge authority, the recommendation for separation was approved and on 19 June 1989 you received an other than honorable discharge.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as youth and the contention that the personality disorder caused your misconduct. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given the frequency of your misconduct, as shown by the civil conviction and the three nonjudicial punishments. Additionally, there is no indication that your personality disorder caused an inability to know right from wrong or adhere to the right, or that it was sufficiently mitigating to warrant recharacterization. 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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