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NAVY | BCNR | CY2010 | 11422-10
Original file (11422-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 11422-1090
27 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. 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 30 August 1982. However, you
were dropped from recruit training on day 15 and diagnosed with
an extremely manipulative, immature, passive-aggressive
personality disorder. On 7 October 1982 the commanding officer
forwarded a recommendation to the separation authority and you
were administratively separated due to convenience of the
government. On 25 April 1985, you were granted a prior service
waiver. You reenlisted in the Marine Corps and began another
period of active on 14 May 1985 at age 21. On 13 June 1986, you
were the subject of a mental health evaluation. You stated in
part that you were not eating and had lost 15 pounds in two
weeks, were unable to sleep and entertained frequent sad’
thoughts. You were diagnosed with a dependent personality
disorder with alcohol abuse and recommended for an expeditious
administrative separation. You were counseled regarding your
misconduct on three occasions for three instances of failure to
go to your appointed place of duty, disobeying a lawful order,
overdue on a monthly payment to the base telephone service and
being placed on the worthless check list. You were warned that
further offenses could result in administrative separation.
Based on the information currently contained in your record it
appears that you were subsequently involuntarily processed for
separation by reason of a personality disorder. In comnection
with this processing, you would have acknowledged the separation
action and the separation authority would have approved a
recommendation for separation. The record clearly shows that on
16 September 1986, you received a general discharge.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the diagnosis of a
personality disorder and misconduct. Marines with a record of
misconduct, such as yours, normally receive a discharge under
other than honorable conditions, and as such the Board noted that
you were fortunate to receive a general characterization of
service. Finally, there is no provision of law or in Marine
Corps regulations that allows for recharacterization of service
due solely to the passage of time. 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,

Feecutive DYector

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