DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 9533-07
25 June 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 17 June 2005. 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 22 April 1987 at age 19. On 1 and 29
September 1987 you received nonjudicial punishment (NJP) for
disobedience and two short periods of unauthorized absence. On 9
December 1987 you reported aboard the uss BUCHANAN (DDG 14).
During the period from 29 January to 26 July 1988, you received
an NJP and were convicted by two summary courts-martial. Your
offenses were four short periods of unauthorized absence and
disobedience on five occasions. On 27 July 1988 you were
diagnosed with a personality disorder, not otherwise specified,
with dependent and impulsive traits.
Based on the foregoing record of misconduct, you were processed
for an administrative discharge by reason of a pattern of
misconduct. 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 and you were so
discharged on 10 November 1988.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, diagnosed
personality disorder, the character references you submitted
showing a good post service adjustment and contention, in effect,
that you could not cope with life in the Navy because of chronic
seasickness. The Board found that these factors and contention
were not sufficient to warrant recharacterization of your
discharge given your repeated misconduct. A review of your
medical record revealed that there are no entries concerning
treatment for seasickness. However, the Board noted that you
received two NUP's prior to reporting to the BUCHANAN, which
suggests that you had problems other than seasickness. The Board
concluded that the discharge was proper as issued and no change
ls 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,
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