DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11034-10
4 August 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 2 August 2011. 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.
. Bfter 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 23 June 1989 at age 20 and began a
period of active duty on 12: June 1989. You served for about four
months without disciplinary infraction, however, during the
period from 22 to 29 November 1989 you were in an unauthorized
absence (UA) status for seven days. The record does not reflect
the disciplinary action taken, if any, for this misconduct.
On 30 November 1989, you were referred for an evaluation due to
your suicidal ideation and substance abuse, both alcohol and
marijuana; and complaints of being stressed out and depressed.
After being hospitalized and undergoing a psychiatric evaluation,
you were diagnosed with psychoactive substance abuse, chronic
alcohol dependence, malingering (which was manifested by
intentional exaggeration of psychological symptoms to avoid
military duty) and a chronic antisocial personality disorder.
The psychiatric report stated, in part, that you were clearly
unsuitable for military service and not fit for sea duty. It
further stated that you were competent and responsible for your
actions and should be held accountable for any malfeasance, and
as such you should be prosecuted for malingering. You were also
recommended for an expeditious administrative separation.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to your diagnosed
personality disorder. The discharge authority directed discharge
under honorable conditions by reason of other mental physical or
mental condition as evidenced by the diagnosed personality
disorder. On 3 January 1990, while serving in paygrade E-1, you
were issued a general discharge and were assigned 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 desire to upgrade your discharge. It also
considered your assertion that you suffered a service-connected
trauma. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your misconduct, unsuitability for further military
service, and diagnosed personality disorder. Finally, there is
no evidence in the record, and you submitted none, to support
your assertion of a service-connected trauma. 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 decisione 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,
We ca ak
Executive ‘DL tor
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