DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
’ WASHINGTON DC 20370-5100
BUG
Docket No: 9275-08
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 8 July 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 and medical records,
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 entered active
duty in the Navy on 30 December 1968. On 8 September 1969, you
. were diagnosed with a passive dependent personality disorder
with emotionally unstable features. This disorder was
manifested by indecisiveness, reluctance to face
responsibility, emotional outbursts, and over-dependence on
your mother to make decisions. On 23 October 1969, you
received nonjudicial punishment for an unauthorized absence of
about four days. On 9 February 1970, you were notified of
' pending administrative separation based on your diagnosed
personality disorder. You waived your right to an
administrative discharge board (ADB). On 18 April 1970, you |
received a general discharge for unsuitability due to character
and behavior disorders, and were assigned an RE-3P reenlistment
code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and
' medical condition. Nevertheless, the Board concluded that
these factors were not sufficient to warrant changing your
general discharge because of your misconduct and diagnosed
personality disorder. The Board noted that you waived your
right to an ABB, your best opportunity for retention or a
better characterization of service. In view of the above, your
application has been denied. The names and votes of the
members of the panel will be furnished upon request.
The Board believed you may be entitled to veterans’ benefits
based on your general discharge. Please contact your local
office of the Department of Veterans Affairs for clarification
of your possible benefits.
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,
\gh
W. DEAN PFEIF
Executive Dir
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