DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 1762-09
15 December 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 8 December 2009. The names and votes of the
members of the panel will be furnished upon request. 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 15 June 1989 at age 19 and began a
period of active duty on 28 June 1989. You served without
disciplinary incident until 9 July 1990, when you received
nonjudicial punishment (NJP) for dereliction of duty and making a
false official statement. On 31 August 1990 you received NJP for
dereliction of duty and communicating a threat.
On 4 September 1990 you were referred for a psychiatric
evaluation after communicating a threat to cut a shipmate with a
knife. Subsequently, you were diagnosed with a severe borderline
personality disorder with severe antisocial traits. The
psychiatric report stated, in part, that your disorder was so
severe as to render you unable to fulfill your duties, and you
were recommended for an administrative separation. As a result
of this action, on 5 September 1990, you were notified of pending
administrative separation action by reason of misconduct due toa
commission of a serious offense. At that time you waived your
right to consult with legal counsel and to present your case to
an administrative discharge board (ADB). On 9 September 1990
your commanding officer. recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. On 18 September 1990 the discharge authority
approved this recommendation. However, on 23 September 1990, you
began a 275 day period of unauthorized absence (UA) that was not
terminated until 25 June 1991. Further, the record does not
reflect the disciplinary action taken, if any, for this period of
UA. Subsequently, the discharge authority directed separation
under other than honorable conditions by reason of misconduct and
on 8 August 1991 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that you were not aware of the impact of
an other than honorable discharge. It also considered your
desire to upgrade your discharge and change your narrative reason
for separation and reenlistment code so that you may once again
serve your country. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge or a change of your narrative reason for separation or
reenlistment code because of the seriousness of your repetitive
misconduct which resulted in two NUPs, and your lengthy period of
UA. Further, you were given an opportunity to defend your
actions, but waived your procedural right to present your case to
an ADB. Accordingly, your application has been denied.
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,
) DEAN R
Executive Gor
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