DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 8336-07
10 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 8 July 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.
You enlisted in the Navy on 23 January 1986 at age 18.
Subsequently, you completed initial training and on 20 May 1986,
you reported to your first duty station. During the period from
24 August 1986 to 30 April 1987, you received nonjudicial
punishment on four occasions. Your offenses were several
absences from your appointed place of duty, multiple instances of
disobedience, disrespect and misbehavior as a lookout.
in connection with this processing, you elected to waive the
right to have your case heard by an administrative discharge
board. After review, the separation authority directed discharge
under other than honorable conditions and you were go discharged
on 6 August 1987.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
in effect that you became depressed and paranoid while in the
Navy and your mental illness was not recognized by your command.
You have submitted a letter from a psychologist at the Minnesota -
Correctional Facility-Stillwater. He States that your current
diagnoses include Paranoid Schizophrenia. It is also noted that
you are incarcerated serving a life sentence. The offenses you
committed which resulted in this sentence are not stated. The
Board found that these factors and contention were not sufficient
to warrant recharacterization of your discharge given your
multiple instances of misconduct while in the Navy. There is no
evidence in your Navy record and you have submitted none to show
that you were mentally ill while in the Navy or if you were that
it was sufficient to mitigate your misconduct. 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,
Leas
W. DEAN PF
Executive Dire r
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