DEPARTMENT OF THE NAVY
‘ BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-8100
TAL
Docket No: 4213-09
8 March 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 24 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 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 4
November 1975 at age 18. On 18 February 1976, you received
nonjudicial punishment (NJP) for two instances of unauthorized
absence (UA) from your unit and two instances of failure to obey
a lawful order. At that time you were counseled and warned that
further misconduct could result in administrative discharge
action. On 31 March 1976, you received NJP for two instances of
assault and two instances of UA from your appointed place of
duty. On 1 April 1976, you were the subject of a psychiatric
evaluation that diagnosed, you with a passive aggressive
personality disorder and recommended at the command’s discretion,
that you be administratively discharged. On 16 April 1976,
administrative discharge action was initiated by reason of
character and behavior disorders. You waived your rights to
consult counsel, and have your case heard by an administrative
discharge board (ADB)... You did, however, elect to submit a
written statement in which you stated in part, that you did not
desire to remain on active duty in the Navy. On 22 April 1976,
your commanding officer forwarded his recommendation that you be
discharged due to character and behavior disorders. On 10 May
1976, the separation authority directed a general discharge for
the convenience of the government. On 21 May 1976 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 service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your personality disorder diagnosis. The
Board found you waived your right to an ADB, your best
opportunity 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,
lo.
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