DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 7322-07
30 September 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 10 September 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 enlisted in the Navy on 15 September
1998. A psychologist who evaluated you on 24 September 2003
diagnosed you with an adjustment disorder with mixed disturbance
of conduct, and paranoid personality traits. on 10 October 2003
a follow-up evaluation confirmed those diagnoses. On 17 October
2003 you received nonjudicial punishment for absence from
appointed place of duty, insubordination, and failure to obey a
lawful order.
On 21 October 2003 your commanding officer recommended that you
be separated from the Navy with a general discharge for the
convenience of the government by reason of a condition not a
disability. When informed of this recommendation, you elected
not to submit a statement in your behalf. Subsequently, you were
absent without authority from 24 October to 14 November 2003.
After review by the discharge authority, the recommendation for
separation was approved and on 18 November 2003 you were
separated with a general discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, post service
good conduct, and the contention that you suffered from
posttraumatic stress disorder. The Board found those factors
insufficient to warrant recharacterization of your discharge or a
change in the reason for discharge. In addition, you have not
demonstrated that you were discharged in error, or that your
medical records contain any improper or erroneous entries.
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,
\s
W. DEAN PF]
Executive Dire
A
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