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NAVY | BCNR | CY2009 | 02500-09
Original file (02500-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
. WASHINGTON DC 20370-5100

 

SIN
Docket No: 02500~-09
13 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 12 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 ali 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 April 1971 at age 19. On 29 November 1971, you were convicted
by summary court-martial (SCM) of 19 days of unauthorized absence
(UA). On 17 July 1972, you submitted a request for exemption
under a Navy drug program. It was later determined that you were
drug dependent, and recommended that you be enrolled in a drug
rehabilitation center. On 19 July 1972, you were the subject of
a psychiatric evaluation, which diagnosed you with an emotionally
unstable personality and drug abuse. Additionally, the report
Stated that you had a poor attitude toward authority, used drugs,
had inadequate motivation for continued service, and continued to
shave an inability to cope with. the stress of military life. It |
was recommended that you be separated from the service following
drug rehabilitation. On 15 August 1972, you were convicted by a
second SCM of 24 days of UA. On 15 August 1972, you were
notified of pending administrative separation action by reason of
convenience of the government due to the diagnosed personalit
disorder. You were afforded all of your procedural rights —
including the opportunity to submit a statement on your behalf.
On 21 August 1972, your commanding officer forwarded your case
recommending separation due to unsuitability. On 5 September
1972, the separation authority directed separation by reason of
unsuitability with a general discharge. You were so discharged
on. 8 September 1972 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 2.7. ° 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
all potentially mitigating factors, such as your youth, overall
record of service, and character letters. Nevertheless, the
Board found that these factors were not sufficient to warrant a
change in your characterization of service given your two SCM
convictions, diagnosed personality disorder and defective
attitude. 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 P

Executive eLor

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