DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 10212-10
20 October 2010
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 19 October 2010. The names and votes of the
members of the panel will be furnished upon request. 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.
Although your record is incomplete, it appears that you enlisted
in the Navy on 5 October 1994 at age 18 and served without
disciplinary incident until 23 June 1995, when you received
nonjudicial punishment (NUP) for disrespect, disobedience,
insubordination, and using provoking speech or gestures. The
punishment imposed was restriction and extra duty for 45 days and
a $854 forfeiture of pay.
On 24 July 1995 you were referred for a psychiatric evaluation
because of your problems adjusting to shipboard life. As a
result, you were diagnosed with a personality disorder with
antisocial traits and recommended for an administrative
separation. Subsequently, you were processed for an
administrative separation by reason of convenience of the
government due to the diagnosed personality disorder. At that
time you were not recommended for retention or reenlistment. The
discharge authority directed an honorable discharge, and on 25
August 1995, while serving in paygrade E-2, you were so
discharged and were assigned an RE-4 reenlistment code.
The Board, in its review of your record, again although
incomplete, and application, carefully weighed all potentially
mitigating factors, such as your youth and desire to change the
narrative reason for separation and reenlistment code. It also
considered the medical documentation provided in support of your
case. Nevertheless, the Board concluded these factors were not
“sufficient to warrant a change of your reenlistment code or
narrative reason:for separation because of the diagnosed
personality disorder. Accordingly, your application has been
denied.
$ ‘
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,
W. DEAN Fr
Executive 14
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