DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05783-10
10 March 2011
This ig 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 9 March 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 at
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 4 May 1979. On 5 December 1979, you
received nonjudicial punishment (NJP) for being absent from your
appointed place of duty. On 12 January 1980, you received NJP
for being in an unauthorized absence (UA) status for five days,
and two additional incidents of being UA. On 25 January 1986,
you were notified that administrative discharge procedures were
initiated and that you would receive a general discharge upon
your separation. On 3 March 1980, a mental health evaluation
diagnosed you with a personality disorder (fear of being on a
ship). With the diagnosis, you were recommended for discharge.
However, your misconduct continued and on 16 April 1980, you
received NUP for being absent from your appointed place of duty.
On 8 May 1980, the discharge authority directed a general
discharge due to unsuitability. You were so discharged on 19 May
1980.
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 three NJP’s for
misconduct. 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 cannof 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,
W. DEAN PF R
Executive cor
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