DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX REC
WASHINGTON DG 20370-5100 Docket No: 11739-08
27 October 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 15 October 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 on 9 January 1973, at age 18. On
_19 July 1973, you were the subject of a psychiatric evaluation,
which diagnosed you with an immature personality with passive-
aggressive features. You were referred to therapy. However, you
refused to attend any counseling sessions.
On 19 November 1973, you received nonjudicial punishment (NUP)
for being in an unauthorized absence (UA) status. On 31 January
1974, you received another NUP for a period of UA. On
20 February 1974, you were discharged by reason of unsuitability:
You were afforded all of your procedural rights including the
Opportunity to submit a statement on your behalf, which you
declined. At the time of your discharge, an RE-4 reenlistment,
code was correctly assigned.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant a change in your’, °”,
w
o
reenlistment code given the diagnosis of a character and behavior
disorder and misconduct. 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
favorablé 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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