DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20376-5100
JRE
Docket No. 04112-0929
19 February 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 19 February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 4 November 1976. You were absent
without authority on two occasions for a total of thirty-eight
days, and received nonjudicial punishment on two occasions. You
were discharged under other than honorable conditions on 26 May
1977 pursuant to your request for discharge for the good of the
service in lieu of trial by court-martial for multiple offenses,
to include striking and threatening to kill a gunnery sergeant.
Although you were diagnosed as suffering from a borderline
personality disorder, there is no indication in the available
records that you were unfit for duty by reason of physical
disability. A personality disorder, although often
administratively unfitting, is not considered to be a disability
under the laws administered by the military departments. You
would not have been entitled to disability separation or
retirement even if you had been disabled, because your discharge
for the good of the service would have taken precedence over
disability evaluation procession.
In view of the foregoing, 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,
NWS
W. DEAN P
Executive recto
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