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NAVY | BCNR | CY2005 | 09674-05
Original file (09674-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370 -5100




                                                      CRS
                                                      Docket No: 9674-05
                                                                                           6 October 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 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 14 January 1986. You reported to active duty on 23 January 1986. A psychiatric evaluation, conducted on 10 July 1986 diagnosed you with a personality disorder and concluded that you were possibly suicidal, but found you fit for duty. Subsequently, you received two nonjudicjai punishments. The offenses included underage drinking, failure to obey a lawful order on two occasions and drunk and disorderly conduct.
On 11 September 1986 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 23 October 1986 you received an other than honorable discharge.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and the
 diagnosed personality disorder. 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 two nonjudicial punishments. 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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