DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIJR
Docket No: 687-08
1 December 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 25 November 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 8 April 1987 at age 18 and served for
nearly a year without incident. Nonetheless, 6 June 1985 you
attempted suicide by jumping off your ship. During the period
from 23 July to 6 August 1985 you were in an unauthorized absence
(UA) status for 14 days. However, the record does not reflect
the disciplinary action taken, if any, for this misconduct. On
10 August 1985 you were referred for a psychiatric evaluation due
to another suicidal attempt in which you ingested an overdose of
aspirin. At that time you stated, in part, that you wanted out
of the Navy and would kill yourself or go UA if you were returned
to duty. You were diagnosed with an adjustment disorder with
mixed disturbance of emotions and conduct, episodic alcohol
abuse, and a mixed personality disorder with borderline,
antisocial, and histrionic features. As a result of the
foregoing, during the period from 10 to 13 September 1985, you
were hospitalized for observation. During this period you
violated a hospital pass, were arrested by civil authorities, and
suffered an eye injury during a fight with civilian police.
On 7 October 1985 you were convicted by civil authorities of
battery on a police officer, driving under the influence, driving
with a suspended license, and reckless driving. You pled no
contest to the battery charge and were sentenced to pay $84.50 in
court cost and receive supervised probation for three months.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense, conviction by civil authorities, and a diagnosed
personality disorder. At that time you waived your right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). On 1 November 1985 your
commanding officer recommended an other than honorable discharge
by reason of misconduct due to commission of a serious offense.
On 10 November 1985 the discharge authority approved this
recommendation, and on 19 November 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that your discharge was unjust because
you were never convicted by a court-martial. It further
considered your assertion that you were deceived by a recruiter.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct. Finally, you were given
an opportunity to defend yourself, but waived your procedural
right to present your case to an ADB. 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 P
Executive
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