DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05072-10
24 March 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 22 March 2011. Your allegations of error and
injustice were reviewed 4n 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 Reserve and began a period of active
duty on 25 November 1992. The Board found that a mental health
evaluation diagnosed you with a personality disorder. The report
stated, in part, that you wanted out of the Navy at any cost.
You were found to be unsuitable for further service, and a risk
to harm yourself or others. On 4 November 1994, you received
nonjudicial punishment (NJP) for malingering after you
intentionally ingested about 24 Advil capsules as a suicidal
gesture. Your commanding officer stated, itt park, that your
Suicidal gesture was just an attempt to avoid deployment so you
could be with your husband, who had been recently
administratively separated from the service. You received a
reduction in rate and a forfeiture of pay. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to commission of a serious offense. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). On
21 November 1994, your commanding officer forwarded his
recommendation that you be discharged under honorable conditions
by reason of misconduct. The discharge authority concurred and
directed a general discharge by reason of misconduct due to
commission of a serious offense. On 5 December 1994 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and personal issues you were dealing with prior to your
discharge. Nevertheless, the Board found that these factors were
not sufficient to warrant any change in your discharge given your
NJP for a very serious offense. The Board also noted that you
were fortunate to receive a general discharge since a discharge
under other than honorable conditions is often directed when an
individual is discharged for 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,
We prose F
Executive ettlor
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