DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 08339-08
9 July 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 25 June 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 27 November
1972. You were diagnosed with a passive aggressive personality
disorder on 3 July 1973. On 5 September 1973 you were convicted
by special court-martial of unauthorized absence from 18 to 27
June 1976, and from 6 to 21 July 1976. You underwent a pre-.
separation physical examination on 2 October 1977 and were found
qualified for separation. The only significant defect noted by
the examining physician was a personality disorder. You did not
disclose a history of any conditions you felt were disabling.
You were discharged under honorable conditions on 2 October 1973
by reason of unsuitability. |
There is no indication in the available records that you were
unfit for duty by reason of physical disability on 2 October
1973 due to the residual effects of a head injury or any other
condition. You received a general discharge because your conduct
mark average of 2.8 was below the minimum required for an
honorable. 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,
\s Don
W. DEAN P
Executive DireewWor
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