DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01051-10
15 October 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 14 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 on 25 September 1962, at the age of 17.
On 19 February 1963, you were in an unauthorized absence (UA)
status, but your chain of command chose not to punish you. On
1 July 1963, you received nonjudicial punishment (NJP) for being
UA nine days. On 8 August 1963, you received NJP for possession
and consumption of alcohol as a minor. On 20 September 1963, a
mental health evaluation was conducted, and you were diagnosed
with a passive aggressive personality disorder. You admitted to
cutting your left pinky finger off and planned to throw it on the
legal officer’s desk to get out of the Navy. With the diagnosis,
you were recommended for discharge. You were notified that
administrative discharge procedures were initiated and that you
would receive a general discharge upon your separation. You were
so discharged on 29 October 1963.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your
character of service, given your record of two NJP’s tor
misconduct and your diagnosed personality disorder. The Board
also noted that you were fortunate to receive a general discharge
since a separation under other than honorable conditions is often
directed when an individual is found to have committed
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 cMhnot 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 efficial 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 Di xr
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