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NAVY | BCNR | CY2009 | 06763-09
Original file (06763-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TIR
Docket No: 6763-09
4 June 2010

 

This ig 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 3 June 2010. The names and votes of the members
of the panel will be furnished upon request. 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 on 16 January 1991 at age 21 and began a
period of active duty on 3 April 1991. You served without
disciplinary incident until 21 August 1993, when you received
nonjudicial punishment (NUP) for disobedience and dereliction of
duty. About six months later, on 16 February 1994, you received
NOP for a one day period of unauthorized absence (UA).

Subsequently, after undergoing a psychiatric evaluation, you were
@iagnosed with a personality disorder which gravely interfered
with your performance of duty. You were recommended for an
‘expeditious administrative separation because your unacceptable
performance endangered both your ship and shipmates. As a
result, you were processed for an administrative separation by
reason of convenience of the government due to your diagnosed
personality disorder. Your commanding officer stated, in part,
that you were not recommended for retention, advancement, or
reenlistment due to your substandard performance and the
diagnosed personality disorder. The discharge authority directed
discharge under honorable conditions, and on 22 March 1994, you
were issued a general discharge and assigned an RE-4 reenlistment
code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your disciplinary record, unacceptable performance,
and diagnosed character disorder. Accordingly, your application
has been denied.

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
Frecutive D

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