DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN.
Decket No: 02429-09
7 January 2010
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 5 January 2010. 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
“inyustice.
You enlisted in the Navy and began a period of active duty on
25 June 1987 at age 19. On 8 June 1988, you were the subject of
a psychiatric evaluation that diagnosed you with a personality
disorder. The report stated, in part, that although you were
found not to be suicidal, you were a risk to harm yourself or
others. On 14 June 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 the rights to consult counsel, or submit a
statement. On 18 June 1988, your commanding officer forwarded
his recommendation for discharge to the separation authority.
The recommendation was approved and on 22 July 1988 you received
a general discharge based on your conduct and proficiency marks.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 1.0. At the time of your
service, a conduct average of 3.0 was required for a fully
honorable characterization of service.
The Board, in its review of your application, carefully weighed
ali potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant upgrading your discharge given the
diagnosed personality disorder, the fact that you were considered
to be a risk to harm yourself or others, and your failure to
attain the required average in conduct. 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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