DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00965-0609
20 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 17 November 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 and began a period of active duty on
14 October 1986 at age 19. Based on the information currently
contained in your record it appears that on 17 February 1988, you
were convicted by special court-martial (SPCM) of 119 days of
unauthorized absence (UA). On 5 May 1988, you were the subject
of a psychiatric evaluation that diagnosed you with a personality
disorder that existed prior to your entry into the service. The
report further stated, in part, that although you were not
considered suicidal or homicidal at that time, you shared a
number of personality features (violent temper, impulsivity,
magical thinking, schizotypal beliefs, poor judgment, and
inadequate resources for coping with stress) in common with those
who were self-destructive or a danger to others.
On 25 May 1988, you received nonjudicial punishment (NUP) for
assault. You received a forfeiture of pay, restriction, and
extra duties. On 25 May 1988, you were notified of pending
administrative separation action by reason of convenience of the
government due to the diagnosed personality disorder. You
elected to waive your rights to consult counsel, or submit a
statement. Your commanding officer forwarded your case
recommending a general discharge to the separation authority.
However, the separation authority directed an other than
honorable discharge. You were so discharged on 7 July 1988,
On 6 December 1990, the Naval Discharge Review Board upgraded
your characterization of service to general under honorable
conditions.
.The Board, in its review of your application, carefully weighed
‘all potentially mitigating factors, such ag your youth, overall
record of service, and belief that you did not have a personality
disorder at that time. Nevertheless, the Board found that these
factors were not sufficient to change the reason for your
discharge given your SPCM conviction for a period of UA that
lasted over three months, the diagnosed personality disorder that
stated, in part, that you were a danger to others, and NUP for
assault. 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,
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