DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 -
’ TAL
: Docket No: 02644-09
14 December 2009
Dear
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 3 December 2009. Your ailegations 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.
sted in the Navy and began a period of active duty on 9
february 1989 at age 19. On 12 October 1989, you received
nonjudicial punishment (NJP) for possession and wrongful use of
steroids. On 26 October 1989, you were the subject of a
psychiatric evaluation that diagnosed you with a personality
disorder that existed prior to entry into the service. During the
evaluation it was stated, in part, that you had suicidal thoughts
at age 17. You had a history of being suspicious and fearful of
people, misinterpreted their motivations; a fear of rejection,
criticism, and of being around a number of people. On 20 November
1989, administrative discharge action was initiated by reason of
convenience of the government due to your diagnosed personality
disorder, misconduct due to drug abuse and misconduct due to
commission of: a serious offense. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On: 20 November 1989, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH} conditions. On
1 December 1989, the separation authority directed an OTH
discharge by reason of misconduct due to commission of a serious
offense. On 19 December 1989 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of gervice. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
Finally, the Board noted that you waived the right to an ADB,
your best chance for retention .or a better characterization 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,
Lad
W. DEAN PF
Executive Di thr
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