Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 10748-09
Original file (10748-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

TUR
Docket No: 10748-09
12 August 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 10 August 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 17 September 1974 at age 17 and
served without disciplinary incident until 6 February 1976, when
you received nonjudicial punishment (NJP) for absence from your
appointed place of duty and two periods of unauthorized absence

totalling two days. Shortly thereafter, on 5 March 1976, you
received NUP for an 11 day period of UA.

On 20 August 1976 you were referred for a psychiatric evaluation
for observation as a result of your attempted suicide as
evidenced by an overdose of pills. Subsequently, you were
diagnosed with an immature personality disorder and recommended
for an administrative separation. Subsequently, you were
processed for an administrative separation by reason of
convenience of the government due to unsuitability as evidenced
by your diagnosed personality disorder. The discharge authority
directed discharge under honorable conditions, and on 16
September 1976, you were issued a general discharge.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your conduct average was 2.8. An average

of 3.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade the characterization of your
genera! discharge. .~It also considered your assertions that your
bility to serveywas impaired, your discharge was the result of
@a- isolated minox, offense, and you could no longer adjust to
Whlilitary life after your overseas tour. Nevertheless, the Board
,sconcluded these factors were not sufficient to warrant
"recharacterization of your general discharge because of your
misconduct which resulted in two NUPs, and since your conduct
average was insufficiently high to warrant a fully honorable
characterization of service. Finally, there is no evidence in
the record; and you submitted none to support your assertions.
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,

Lo Den ;
W. DEAN DFE
Executive Ditedtdr

Similar Decisions

  • NAVY | BCNR | CY2009 | 09546-09

    Original file (09546-09.pdf) Auto-classification: Denied

    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. Further, Sailors with a record of misconduct normally receive discharges under other than honorable conditions, and as such, the Board noted that you were fortunate to receive a general characterization of service. Consequently, when applying for a correction of an official naval record,...

  • NAVY | BCNR | CY2008 | 07567-08

    Original file (07567-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 2009. Furthermore, disciplinary action and an administrative separation are appropriate for alcohol related offenses. 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.

  • NAVY | BCNR | CY2013 | NR2250-13

    Original file (NR2250-13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2014. 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. Subsequently, you were notified of pending administrative separation action by reason of ‘unsuitability due to the diagnosed personality disorder.

  • NAVY | BCNR | CY2006 | 05469-06

    Original file (05469-06.rtf) Auto-classification: Denied

    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 19 September 1974 at age 18. Subsequently, the discharge authority...

  • NAVY | BCNR | CY2008 | 06912-08

    Original file (06912-08.pdf) Auto-classification: Denied

    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. On 22 December 1976, you received a general discharge based on your average conduct marks. 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.

  • NAVY | BCNR | CY2008 | 02013-08

    Original file (02013-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 01672-09

    Original file (01672-09.pdf) Auto-classification: Denied

    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. An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service. ‘Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your general discharge or change the narrative reason for...

  • NAVY | BCNR | CY2010 | 00297-10

    Original file (00297-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2010. 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 HOLLEIES . Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 06514-08

    Original file (06514-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 2009. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your general discharge because of your...

  • NAVY | BCNR | CY2008 | 09527-08

    Original file (09527-08.pdf) Auto-classification: Denied

    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. Board. 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.