DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06892-08
21 May 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 13 May 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.
You enlisted in the Navy and began a period of active duty on
4 February 1982 at age 17. On 31 August 1982, you were diagnosed
with having an immature personality disorder after an attempted
suicide gesture in which you cut your‘wrist. The report stated,
in part, that it found no psychiatric illness and that you were
responsible for your actions. Further, it stated that any
further antisocial or self injurious behavior was to be viewed as
a manipulative effort to avoid work or duty, and not the result
of psychiatric illness.
On 21 September and 10 November 1982, you received nonjudicial
punishment (NJP) for two periods of unauthorized absence (UA)
totaling 13 days and three instances of disobedience. On
9 February 1983, you were convicted by summary court-martial
(SCM) of four days of UA and six specifications of disobedience.
You were sentenced to confinement at hard labor and a forfeiture
of pay.
On 9 March 1983, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After being advised of your procedural
rights, you waived the
right to an administrative discharge board (ADB). The discharge
authority then directed discharge under other than honorable
conditions by reason of misconduct. You were so discharged on
15 April 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge because of the two NUJP’s and
conviction by SCM.
The Board also noted that you waived an ADB, your best chance for
retention or a better characterization
your application has been denied. The
members of the panel will be furnished
It is regretted that the circumstances
favorable action cannot be taken. You
of service. Accordingly,
names and votes of the
upon request.
of your case are such that
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,
\e
N
Ww. AN P
Executive Di t\pr
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