DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 033-10
21 September 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 15 September 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
23 October 1984 at age 17. On 5 August 1985, you received
nonjudicial punishment (NJP) for a 21 day period of unauthorized
absence (UA) and missing ship’s movement. On 11 September 1985
you were admitted to the intensive care unit for an alleged
Suicidal gesture. On 19 September 1985 you were the subject of a
psychiatric evaluation that stated in part that you were involved
in two suicidal gestures prior to your enlistment, one involving
lodine ingestion and the other a shotgun blast. You were
diagnosed with severe adjustment and a mixed personality disorder.
On 7 November 1985, you were notified of pending administrative
discharge processing due to your diagnosed personality disorder.
On 3 January 1986, you were UA for a 157 day period from your unit
until 9 June 1986, when you were returned to military authority by
the Piedmont Medical Center in Rockhill, South Carolina, after
discharge from your admission on 30 May 1986. You were again
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct due to
commission of a serious offense. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 15 August 1986, you received the OTH
discharge for misconduct due to commission of a serious offense.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and diagnosed personality disorder.
Nevertheless, the Board found that these factors were not
afficient to warrant recharacterization of your discharge given
we seriousness of your misconduct. 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,
Laon
W. DI
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