DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02098-09
16 December 2009
This is in reférence 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 15 December 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
20 March 1985, at age 18. On 22 March 1986, you received
nonjudicial punishment (NUP) for disrespect and failure to report
to your appointed place of duty. On 24 June 1986, a mental
evaluation was conducted and you were diagnosed with a
personality disorder. You were counseled regarding your
condition, and advised to seek treatment after separation. Based.
on the mental health evaluation, you were processed for
separation by reason of other physical and mental conditions due
to your diagnosed personality disorder. On 1’? July 1986, after
you were advised of your rights, you elected to receive copies of
documents to be forwarded to the separation authority, but waived
all your other procedural rights. Subsequently, on 29 August
1986, you were discharged with a general discharge by reason of
your personality disorder. At that time, you were assigned a
reenlistment code of RE-4.
In its review of your application, the Board considered all
mitigating factors, such as your youth and record of service.
Nevertheless, the Board found these factors were insufficient to
warrant changing your characterization of service due to your
diagnosed personality disorder. The Board noted that applicable
regulations authorize a general discharge for individuals who are
separated due to medical diagnoses of personality disorders. The
Board thus concluded that there is no error or injustice in your
character of service. 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,
W. DEAN R
Executiv ector
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