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NAVY | BCNR | CY2010 | 06664-10
Original file (06664-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 06664-10
4 April 2011 .

 

 

This is 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 30 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 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
17 October 1986. On 17 May 1987, you received nonjudicial
punishment (NJP) for making a false official statement with the
intent to deceive, and larceny of 380 kroners (Danish currency)
and $330 dollars. On 15 February 1988, you received NUP for
failure to obey a lawful order. On 23 February 1988, a mental
health evaluation was conducted and you were diagnosed with a
personality disorder based on suicidal ideation, as you stated
that £ you went to sea, you would jump off the fantail. On 10
March 1988, you were notified that administrative discharge
procedures were initiated and that you would receive a general
discharge and a reenlistment code of RE-4 upon your separation by
reason of your diagnosed personality disorder. The discharge
authority directed a general discharge. You were so discharged
on 5 April 1988.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of two NUJP’s. 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 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,

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