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NAVY | BCNR | CY2005 | 07490-05
Original file (07490-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                   WASHINGTON DC 20370-5100




                                             CRS
                                             Docket No: 7490-05
                                                                                  10 October 2006






This is in reference to your application for reconsideration 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 13 September 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 Reserve on 29 January 1981 and reported to active duty on the same date. The record reflects that you received two nonjudicial punishments. The offenses included dereliction of duty and disrespect. Subsequently, a psychiatric evaluation, conducted on 2 August 1982, diagnosed you with a personality disorder. On 30 August
1982 you received an honorable discharge by reason of a diagnosed personality disorder.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and the contention that you do not have a personality disorder. However, the Board concluded that these factors were not sufficient to warrant a change in the reason for discharge. In this regard, you were diagnosed with such a disorder on 2 August 1982 and have provided no evidence to show that the diagnosis was incorrect.
Concerning your request to change the date of your discharge, there is no evidence, and you have provided none, to show that you served beyond your discharge date of 30 August 1982.
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 Di rector

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