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NAVY | BCNR | CY2010 | 10618-10
Original file (10618-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON Dc 20370-5100 REC
Docket No: 10618-1060

26 July 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 20 July 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 on 12 July 1976. On 26 May 1977, you
received nonjudicial punishment (NJP) for failure to go to your
appointed place of duty. During April 1979, a mental health
evaluation was conducted and you were diagnosed with a passive
aggressive personality disorder. On 20 April 1979, you received
NUP for failure to obey a lawful order by failing to participate
in the command urinalysis program, a duty you were fully aware of
as a hospital corpsman. On 12 June 1979, your commanding officer
_ recommended that your designation be revoked due to technical
incompetence and unsatisfactory demeanor toward patients, seniors
and peers. On 14 August 1979, you-were notified that
administrative discharge procedures were initiated and that you
would receive an honorable discharge upon your separation. On 26
September 1979, the discharge authority directed an honorable
discharge due to unsuitability (personality disorder). You were
so discharged on 10 October 1979, and received,an RE-4
reenlistment code.

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
narrative reason for separation, given your diagnosed personality
disorder. The Board also noted that you were fortunate to
receive an honorable 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,

Wun

W. DEAN PFEVRF
Executive Direc

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