DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 .
TOR
Docket No: 7509-08
42 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 9 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 2 January 1994 at age 17 and began a
period of active duty on 25 July 1994. About four months later,
on 15 November 1994, you were issued a light duty chit as a
result of a knee injury.
On 9 February 1995 you received nonjudicial punishment (NUP) for
failure to obey a lawful order, malingering, feigning a knee
injury, and altering a light duty chit by five days. On 24
February 1995, after undergoing a psychiatric evaluation, you
were diagnosed with a severe personality disorder. The
psychiatric report stated, in part, that the disorder was not
amenable to treatment in a military facility; you represented a
continuing suicide risk, and were a risk to the welfare of your
fellow Sailors. At that time you were strongly recommended for
an expeditious administrative separation.
On 9 March 1995 you were notified of pending administrative
separation action by reason of misconduct as evidenced by
offenses resulting in NUP and convenience of the government due
to the diagnosed personality disorder. At that time you waived
your right to consult with legal counsel and to present your case
to an administrative discharge board (ADB). On 16 March 1995
your commanding officer recommended separation by reason of
misconduct and convenience of the government, and that you be
issued a discharge with the characterization warranted by your
service record. On 5 April 1995 the discharge authority directed
your commanding officer to issue you a general discharge by
reason of misconduct, and on 25 April 1995, you were so
discharged and were 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 upgrade the characterization of your
general discharge and change your reenlistment code so that you
may reenlist. It also considered your 9 March 1995 rebuttal
letter in which you requested that the discbhedience charge be
removed from your record. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your general discharge or a change of your RE-4 reenlistment
code because of the seriousness of your misconduct and the
severity of your diagnosed personality disorder. 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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