DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRA
Docket No: 8587-06
21 February 2008
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
considered your
Records, Sitting in executive Session,
application on 12 February 2008. Your allegations of errer and
Pyoyerpece 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.
You enlisted in the Navy on 26 September 1988 at age 19.
Subsequently, you completed initial training and reported to your
first duty station. On 26 July 1989, you received nonjudicial
punishment for refusing to qualify in submarines. On 12
September 1989, you were diagnosed with a personality disorder,
mixed type with paranoid and aggressive features. You were also
diagnosed with probable early alcohol dependence. The
psychiatrist concluded his evaluation as follows:
...does not appear to be an imminent risk to self or
others. It is likely predictable, however, if he were
to return to operational duties he would escalate his
acting out behavior; including posing a risk to self
and others. It is highly recommended that he be
considered for expeditious administrative separation at
the command's discretion.
On 25 September 1989 you were counseled and warned concerning
your unreliability and lack of maturity. On 15 December 1989 you
were convicted by a summary court-martial of an unauthorized
absence of about three days, missing ship's movement and
destruction of government property. The court-martial sentence
included forfeitures of pay and 30 days confinement.
Subsequently, you were processed for an administrative discharge
by reason of misconduct due to commission of a serious offense
and convenience of the government due to your diagnosed severe
personality disorder. You were informed that the discharge could
be characterized as being under other than honorable conditions.
In connection with this processing, you elected to waive the
right to have your case heard by an administrative discharge
board. After review, the discharge authority directed discharge
under other than honorable conditions by reason of misconduct and
you were so discharged on 6 February 1990.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the diagnosed personality
disorder and your contention that the command made an error when
they did not follow the recommendation for discharge made by the
psychiatrist. The Board found that these factors and contentions
were not sufficient to warrant recharacterization of your
discharge given your record of misconduct. Concerning the
psychiatric evaluation, it is clear that you were considered to
be responsible for your actions and the decision for discharge
was Left to command discretion. Further, you waived your right
to contest the discharge processing and accepted the possibility
of a discharge under other than honorable conditions. The Board
concluded that the discharge was proper as issued and no change
is warranted.
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,
\ uss
W. DEAN PF
Executive or
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