DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2610-08
20 November 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 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 20 June 1989, you enlisted in the Navy at age 17 with parental
consent and served without a disciplinary infraction until
2 July 1992, when you were convicted by a general court-martial for
assault. During the period 16 September to 26 October 1992, you were
in an unauthorized absence (UA) status on two occasions totaling
about 37 days. On 3 November 1992, a psychiatric evaluation
diagnosed you as having a personality disorder not otherwise
specified with poor impulse control, low frustration and tolerance
levels, distrust of others, and avoidant features, and concluded by
recommending discharge. On 4 November 1992, you had nonjudicial
punishment (NUP) for the two periods of UA totaling 37 days.
On 4 November 1992, your commanding officer initiated administrative
separation by reason of misconduct due to commission of a serious
offense and convenience of the government due to a personality
disorder. In connection with this processing, you acknowledged that
separation could result in an other than honorable (OTH) discharge
and waived the right to have your case heard by an administrative
discharge board (ADB). On 8 December 1992, the Secretary of the Navy
approved the discharge recommendation and directed an OTH discharge
by reason of misconduct due to commission of a serious offense. On
31 December 1992, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth. The
Board also considered your contention that your ability to serve was
impaired by your deprived background and psychiatric problems.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant changing your reason for separation,
reenlistment code or recharacterization of your discharge due to the
seriousness of your misconduct. Regarding your contention, the Board
considered your psychiatric evaluation and diagnosis that you
received on 3 November 1992, but found that you served for about
three years without incident and believed that your psychiatric
diagnosis did not outweigh the seriousness of your offense. The
Board also noted that you waived the right to have your case heard by
an ADB, your best opportunity for retention or a more favorable
characterization of service. Therefore, the Board concluded that the
discharge was proper as issued and no changes are 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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