DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1324-10
29 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 27 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
in] Ustiee .
You enlisted in the Navy Reserve and began a period of active
duty on 1 April 1964, at age 20. On 17 February 1965, you made a
suicidal gesture by taking 30 aspirins as a result of being upset
about your impending mess duty. On 23 February 1965, you were
the subject of a psychiatric evaluation that diagnosed you with
an emotional instability disorder, manifested by impulsivity,
low-frustration tolerance and resentment of symbols of authority.
You stated in part, that you would do anything to get out of mess
duty. You were notified of pending administrative separation
action by reason of unsuitability due to your diagnosed
personality disorder. You were afforded all of your procedural
rights including the opportunity to submit a statement on your
behalf. On 3 March 1965, you received nonjudicial punishment
(NOP) for malingering by taking an aspirin overdose to avoid mess
duty. On 24 March 1965, the separation authority approved the
separation and you were discharged under honorable conditions.
Characterization of service is based on trait marks assigned on a
periodic basis. An overall trait average of 3.0 was required for
an honorable discharge at the time of your separation. Your over
all trait average was 2.81.
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
characterization of service given your misconduct and
insufficiently high overall trait average. Finally, no discharge
is automatically upgraded due to the passage of time or an
individual's good behavior after discharge. 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,
\ gS Soak
W. DEAN PF
Executive Oo
\
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