DEPARTMENT OF THE NAVY .
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5279-09
9 April 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 31 March 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 30
December 1968, at age 20. On 16 April 1969, you received
nonjudicial punishment (NJP) for not carrying your Armed Forces
Tdentification Card and liberty pass while on liberty, two
instances of unauthorized absence (UA) from your appointed place
of duty, two instances of failure to obey a lawful order and
insubordinate conduct toward 4 superior noncommissioned officer.
On 28 July 1969, you were the subject of a psychiatric evaluation
that diagnosed you with an antisocial personality disorder.
During the evaluation you stated in part, that you were bored,
angry and unable to tolerate the people you worked for and with,
and that you never liked anybody. On 21 October 1969, you were
convicted by special court-martial (SPCM) of two instances of UA
from your unit for a period of 43 days and insubordinate conduct
toward a superior noncommissioned officer. On 27 October 1969,
you were notified of pending administrative separation action by
reason of unsuitability due to the diagnosed personality
disorder. You were afforded all of your procedural rights
including the opportunity to submit a statement om your behalf.
On ° January 1970, the separation authority approvec the
separation under honorable conditions. On 16 January 1970 you
were so discharged.
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 the seriousness of your
misconduct and the diagnosed personality disorder. Finally,
there is no provision of law or in Navy regulations that allows
for recharacterization of service due solely to the passage of
time. 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,
EN .
W. DEAN PPE
Executive D e
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