DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 04140-09
41 March 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 9 March 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
injustice.
You enlisted in the Navy and began a period of active duty on
12 October 1989 at age 19. On 9 November 1991, you received
nonjudicial punishments (NUP) for three periods of unauthorized
absence (UA) totaling six days. On 3 June 1992, you were
convicted by summary court-martial (SCM) of 30 days of UA. On
4 June 1992, you were diagnosed with a severe personality
disorder. The report further stated that you had used drugs and
abused alcohol, and had a history of suicidal/homicidal thoughts.
On 29 June 1992, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense and for being diagnosed with a personality
digorder. You elected to waive your rights to consult counsel,
submit a statement, and you did not object to the administrative
discharge action. On 30 June 1992, your commanding officer
forwarded your case recommending discharge and that your
characterization of service be based on your overall record. On
29 July and 28 August 1992, you received NUP for insubordinate
conduct and seven days of UA. On 31 August 1992, the discharge
authority directed that you be separated with a general discharge
based on your conduct and proficiency marks. You were so
discharged on ii September 1992.
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 and period
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your three NJP’s, conviction by SCM, diagnosed
personality disorder, history of suicidal gestures, and your
failure to attain the conduct average required for an honorable
discharge. 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,
leas
W. DEAN PF
Executive or
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