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NAVY | BCNR | CY2006 | 02567-06
Original file (02567-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
                                     2 NAVY ANNEX
          WASHINGTON DC 20370-5100        

         CRS
 Docket No: 2567-06
9 November 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 8 October 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 13 January 1987. The record reflects that on 29 April 1988 you received nonjudicial punishment for drunk driving. A psychiatric evaluation, conducted on 23 November 1988, diagnosed you as having a personality disorder. The evaluation also stated that you should be administratively processed upon completion of all disciplinary actions. Subsequently, you received two more nonjudicial punishments for failure to obey a lawful order and use of cocaine.
On 7 March 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 this 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 28 March 1989 you were discharged with 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 contention that you should have been discharged at the time you were diagnosed with a personality disorder. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given your three disciplinary actions that included the use of drugs. In this regard, although you could have been discharged after being diagnosed with the personality disorder, the command was not required to take such action. You then continued to commit offenses that resulted in discharge by reason of misconduct. 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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