DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 5670-07
17 April 2008
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application.on 15 April 2008. 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.
You enlisted in the Navy on 6 October 1981 at age 17 and began a
period of active duty on 1 December 1981. You served without
disciplinary incident until 8 July 1982, when you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty. The punishment imposed was restriction and extra
duty for seven days and a $75 forfeiture of pay. Shortly
thereafter, on 15 July 1982, after undergoing a psychiatric
evaluation, you were diagnosed with an adjustment reaction,
suicidal ideation with mood swings and depression, and a chronic
passive aggressive personality disorder with schizoid and
immature features. At that time you were strongly recommended
for an administrative separation.
On 2 August 1982 you were notified of pending administrative
separation action by reason of unsuitability due to the diagnosed
personality disorder. At that time you waived your right to
submit a statement of rebuttal to the discharge and did not
object to being discharged. On 18 August 1982 your commanding
officer recommended discharge under honorable conditions by
reason of unsuitability. On 1 September 1982 the discharge
authority approved this recommendation and directed separation
under honorable conditions by reason of unsuitability, and on 14
September 1982 you were issued a general discharge.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your conduct, average was 2.3. An average
oo or == —
a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge so that you may |
reenlist. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct, which resulted in NJP, and since your
conduct average was insufficiently high to warrant an honorable
discharge. 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 PF
Executive
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