DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 6054-08
5 March 2009
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 4 March 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.
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 9 October 1975, you enlisted in the Navy at age 18. On
27 August 1976 and 16 December 1977, you had nonjudicial
punishment for use of marijuana and two instances of possession
of marijuana. On 10 February 1979, you received a medical
evaluation during which you requested psychiatric testing and
counseling due to chronic anxiety of defecating and urinating
on ship. On 28 November 1979, it appears that a psychiatric
evaluation diagnosed you as having an inadequate personality.
On 27 February 1980, you acknowledged that you were being
considered for administrative separation due to a personality
disorder. On 20 March 1980, a psychiatric evaluation diagnosed
you as having a mixed personality disorder with special
symptoms of having difficulty defecating and urinating in
public places. The evaluation concluded by recommending
discharge due to your diagnosed personality disorder.
On 6 April 1980, your commanding officer initiated
administrative separation by reason of unsuitability due to
your diagnosed personality disorder. In connection with this
processing, you acknowledged the separation action and
consulted counsel. On 5 August 1980, the discharge authority
approved the recommendation and directed separation by reason
of unsuitability due to a personality disorder, and that
characterization of service would be determined as warranted by
your service record. On 20 August 1980, you were honorably
discharged by reason of unsuitability due toa personality
disorder.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth. The
Board also considered the letter from Veterans Affairs that you
submitted with your application regarding your service connected
disability rating, and your contention that your reason for
separation is false because you never had a personality disorder.
Nevertheless, the Board concluded that these factors and contention
were not sufficient to warrant changing the reason for your discharge
since the record shows that you were discharged by reason of
unsuitability due to a diagnosed personality disorder. Therefore,
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,
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