DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06749-07
1 July 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
Records, sitting in executive session, considered your
application on 19 June 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you served on active duty in the Navy from
6 June 1983 to 5 April 1985, when you were discharged by reason
of misconduct with a discharge under other than honorable
conditions, based on your frequent involvement of a
discreditable nature with military authorities. The discharge
Article 86, Uniform Code of Military Justice (UCMT) ,
Article 134, UCMJ. No evidence of a significant mental disorder
was found during the clinical psychiatric evaluation completed
on 13 November 1984, when you underwent a pre-separation
physical examination and were found qualified for duty and
separation. Approximately nineteen months later, you were given
diagnoses of an adjustment disorder and a narcissistic
personality disorder after a brief period of hospitalization.
The Board carefully considered the sanity evaluation which was
prepared by Dr. U.. dated 23 December 1991 In his opinion, you
suffered from a psychotic disorder which “most likely” had its
onset “between 1983 and 1984”, and led you to commit numerous
military offenses. The Board found that opinion insufficient to
warrant corrective action in your case, as it concluded that the
opinion is highly speculative in nature, and based in large part
your self-serving statements, which he apparently accepted as
true. The Board noted that you were convicted of murder and
sentenced to life imprisonment notwithstanding Dr. U..’s opinion
that you were insane when you committed an aggravated murder
while incarcerated for a previous attempted murder.
In view of the foregoing, and as you have not demonstrated that,
on 5 April 1985, you were unfit to reasonably perform the duties
of your office, grade, rank or rating by reason of physical
disability that was incurred in or aggravated while you were
entitled to basic pay in the Navy, the Board was unable to
recommend any corrective action in your case. 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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