DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 865-10
26 October 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 20 October 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
22 December 1987 at age 21. On 7 June 1988, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit for a period of 17 days. On 8 June 1988, you were
referred for a mental health evaluation by the emergency room at
Naval Hospital, Oakland, California, after a suicide attempt by
an overdose of aspirin and Motrin. You were diagnosed with
alcohol dependence, and a mixed personality Gisorder with
borderline and antisocial features. You stated in part that “I
just can’t take it” in the Navy. You later admitted to one of
the staff that you had never actually been suicidal, but simply
wanted to make a gesture in order to facilitate your separation.
On 15 June 1988, you received NUP for malingering by taking an
over dose of pills. On 22 June 1988, you were notified that you
would be involuntarily processed for an entry level separation.
Your record is incomplete, but in connection with this
processing, you would have acknowledged the separation action and
the discharge authority approved a recommendation for separation.
On 19 July 1988, you were discharged with an honorable discharge
due to entry level performance and conduct. On 19 July 1988, you
signed an administrative remarks document acknowledging you had
been informed that you were assigned an RE-4 reenlistment code,
which means that you were neither recommended nor eligible for
reenlistment.
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 found that
these factors were not sufficient to warrant a change in your
whagacterization of service given your unsatisfactory
#berformance. Additionally, an entry level separation is required
when notification of administrative discharge processing is
.issued within the: first 180 days of continuous active duty.
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,
Executive
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