DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11260-1090 -
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.
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 Marine Corps on 13 November 1989 at age 18
and served without disciplinary infraction until 25 March 1992,
when you began a period of unauthorized absence (UA) that was not
terminated until 28 April 1992. Shortly thereafter, on 8 May
1992 you were diagnosed with a borderline personality disorder
with antisocial features. You were found to be responsible for
your actions and recommended for an.administrative separation.
On 2 June 1992 you were convicted by summary court-martial (SCM)
of a 34 day period of UA. You were sentenced to confinement for
30 days, reduction to paygrade E-1, and a $523. forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to the diagnosed
personality disorder. after waiving your procedural rights, the
discharge authority directed separation under honorable
conditions and on 9 September 1992 you were issued a general
discharge by reason of convenience of the government due to a
condition not a physical disability as evidenced by the diagnosed
personality disorder. In this regard, character of service is
based, in part, on conduct and proficiency averages which are
computed from marks assigned during periodic evaluations. Your
conduct average was 3.5. An average of 4.0 in conduct was
required at the time of your discharge for a fully honorable
characterization of service.
In December 1997 the Naval Discharge Review Board (NDRB) changed
your narrative reason for separation to Secretary of the Navy
Plenary Authority because “the procedures set forth under
regulations were not correctly followed” when you were processed
for separation by reason of the diagnosed personality disorder.
Although your petition to the NDRB included a request to upgrade
your discharge, it was not changed.
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 the characterization of your
general discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
general discharge because of the seriousness of your misconduct,
which resulted in a SCM, and since your conduct average was
insufficiently high to warrant a fully honorable characterization
of service. 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,
Lo Daa ac
Executive r or
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