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NAVY | BCNR | CY2009 | 00892-09
Original file (00892-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 00892-09
9 November 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 28 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 Marine Corps and began a period of active
duty on 25 August 1983 at age 19.. On 16 April 1984, you were the
subject of a psychiatric evaluation that diagnosed you with a
personality disorder. During the evaluation it was stated, in
part, that you expressed no motivation for continued service,
related depressive symptoms and significant stress. You
expressed vague suicidal ideation with no serious intent but
potential for a manipulative gesture. On 27 April 1984, you were.
convicted by summary court-martial (SCM} for a 26 day period of
unauthorized absence (UA). On 21 May 1984, you received |
nonjudicial punishment (NJP) for failure to obey an order. On

11 June 1984, you were notified of a recommendation for
administrative separation. Based on the information currently
contained in your record it appears that you were subsequently
processed for a discharge with a characterivation of general by
reason of convenience of the government due to your diagnosed
personality disorder. .You were so discharged on 27 June 1984.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the diagnosis of a personality disorder
and your misconduct resulting in NUP and conviction by SCM.
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.

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