DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 03336-10
20 January 2011
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 19 January 2011. 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
8 July 1988. The Board found that on 24 March and 30 June 1989,
you received nonjudicial punishment (NOP) for six instances of
unauthorized absence (UA), five instances of disobedience, and
insubordination. On 2 August 1989, you were the subject of a
psychiatric evaluation which diagnosed you with a passive
aggressive personality disorder. The report further stated, in
part, that you admitted that you could not adjust to the military
way of life, had given the Navy a chance, but it was not working,
and that it was only going to get worst. Although your record is
incomplete it appears you were notified of pending administrative
separation action by reason of convenience of the government due
to the diagnosed personality disorder. You elected to waive your
rights to consult counsel, or submit a statement. Your
commanding officer forwarded his recommendation for discharge to
the separation authority. The recommendation was approved and on
1 September 2001 you received a general discharge due to your
diagnosed personality disorder.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your two NJP’s and the diagnosis of a personality
disorder. 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 ier URE ice.
Sincerely,
\ Nona}
W. DEAN PFEI
Executive Dikec
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