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NAVY | BCNR | CY2008 | 04474-08
Original file (04474-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMS
Docket No: 4474-08
5 February 2009

 

This igs 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.

R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 February 2009. 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.

On 1 February 1974, you enlisted in the Navy at age 18.

On 26 June 1974, you had nonjudicial punishment for drunk and
disorderly conduct and disrespect. On 7 July 1975, you were
hospitalized for a psychiatric evaluation due to you having
fits of anger, losing your temper, threatening to kill others
or yourself, and indicating that you had no intention of
agreeing to military standards. You were released from
psychiatric care the following day after having been diagnosed
as having an immature personality and recommended for
administrative separation. On 28 July 1975, your commanding
officer initiated administrative separation by reason of
convenience of the government due to unsuitability. In
connection with this processing, you acknowledged the
separation action and in doing go also acknowledged that your
characterization of service would be determined as warranted by
your service record. On 31 July 1975, you were separated with

a general discharge by reason of convenience cf the government
due to unsuitability.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for an honorable discharge. The Board also
considered your contentions that emotional stress contributed
to your discharge and that you served honorably. Nevertheless,
the Board found that these factors and contentions were not
sufficient to warrant recharacterization of your service. In
this regard, characterization of service for members who are
discharged by reason of convenience of the government is
determined by their conduct, actions, and overall trait and
behavior marks assigned on a periodic basis. Although your
overall trait and behavior marks were satisfactory, given your
misconduct, the Board found that your service warranted a
general characterization of service. Therefore, the Board
concluded that the discharge was proper as issued and no change
ig 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,

\Marad

W. DEAN PFE
Executive Director

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