DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 4860-06
28 September 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 27 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 20 November 1978 at
age 22. On 29 November 1979 you were the subject of a
psychiatric evaluation due to increased problems and thoughts of
suicide. The evaluation diagnosed you with a personality
disorder and directed weekly out-patient treatment. On 31
January 1980 you received a derogatory performance evaluation
that stated while working with electronics, you were a hazard to
yourself and others, and you had a negative attitude.
On 29 February 1980, you began a period of unauthorized absence
(UA) that ended on 30 July 1980, a period of about 152 days. on
3 August 1980, while awaiting orders, you began another UA that
ended on 8 April 1982, a period of about 613 days. Although the
record is incomplete, it appears that you subsequently requested
an other than honorable discharge for the good of the service to
avoid trial by court-martial for these two instances of UA that
totaled about 765 days. At this time, you would have consulted
with counsel and acknowledged the consequences of receiving such
a discharge. I also appears that your request was approved
because the record shows that on 7 May 1982 you were separated
with an other than honorable discharge for the good of the
service to escape trial. As a result of this action, you were
spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
The Board, in its review of your entire record, carefully
considered all mitigating factors, such as your youth and your
contention that you were not thinking rationally because of a
nervous breakdown, and received no help after asking for it.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of your misconduct, specifically, more than two
years of UA. The Board believed that considerable clemency was
extended to you when the request for discharge to avoid trial by
court-martial was approved since, by this action, you escaped the
possibility of confinement at hard labor and a punitive
discharge. Further, the Board concluded that you received the
benefit of your bargain with the Navy when your request for
discharge was granted and you should not be permitted to change
it now. Regarding your contentions, there is no evidence in the
record to show that you had a nervous breakdown or were ever
denied treatment. The record does show that a psychiatric
evaluation diagnosed you with a personality disorder and
prescribed appropriate treatment, but you began a period of UA
several months later. The Board concluded that a personality
disorder does not excuse 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,
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