DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
TJIR
Docket No: 7489-08
5 June 2009
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 3 June 2009. The names and votes of the
members of the panel will be furnished upon request. 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 27 December 1996 at age 24 and served
without disciplinary incident. «
On 19 September 1997 you were referred for a medical evaluation
after expressing episodes of claustrophobia. At that time you
reported pre-service drug use of amphetamines, mushrooms,
methamphetamine (crank), and lysergic acid diethylamide (LSD).
You also reported an arrest for driving under the influence of
alcohol or drugs. Subsequently, you were referred to a mental
health unit for a psychiatric evaluation.
On 14 October 1997, during a psychiatric evaluation, you reported
a history of suicide attempts and alcohol abuse. You were
diagnosed with an adjustment disorder with anxiety and a mixed
borderline personality disorder with schizoid features, which
interfered with the effective performance of your duties. You
were found to be unsuitable for further service due to multiple
personality problems and were strongly recommended for an
expeditious administrative discharge because you were a
continuing risk to harm yourself if retained.
Subsequently, you were notified of pending administrative
separation action by reason of convenience of the government due
to the diagnosed personality disorder. At that time you did not
object to the separation and waived your right to submit a
rebuttal statement to the aforementioned notification. The
discharge authority directed an honorable discharge by reason of
convenience of the government due to a diagnosed personality
disorder and on 17 November 1997 you were so discharged and
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your narrative reason for
separation and reenlistment code. It also considered your
explanation for providing false information to be discharged from
the Navy. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in your narrative reason for
separation or reenlistment code. Further, the Board concluded
that your diagnosed personality disorder was sufficiently
supported by the evidence in the record which included, but was
not limited to, pre-service drug abuse and suicidal ideation.
Pinally, it is well settled in the law that if a Sailor procures
a discharge by fraud (providing false information), he should not
benefit from the fraud when it is discovered. Therefore, if you
lied to get out of the military as you assert, no corrective
action would be appropriate. Accordingly, your application has
been denied.
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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