DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11692-10
25 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 23 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 Navy on 16 February 1990 at age 19 and began
a period of active duty on 16 April 1990. You served without
disciplinary incident until 5 August 1991, when you received
nonjudicial punishment (NUP) for underage drinking, drunk and
disorderly conduct, absence from your appointed place of duty,
and disrespect. During the period from 15 to 20 August 1991,
after being referred for a mental health evaluation, you were
hospitalized because of your suicidal and homicidal ideation,
conflicts with superiors, and dissatisfaction with the Navy.
During the evaluation you expressed signs of mood swings,
unstable interpersonal relationships, impulsivity, lack of anger
control and a chronic feeling of emptiness. You also admitted to
heavy usage of marijuana and cocaine, and overindulgence in
alcohol prior to enlistment. You were diagnosed with poly-
substance and alcohol dependence and a borderline personality
disorder. You were recommended for an administrative separation
due to unsuitability because your personality disorder was of
such severity as to interfere with you serving adequately.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to the diagnosed
personality disorder. You did not object to the separation and
waived your procedural rights. The discharge authority directed
discharge under honorable conditions by reason of convenience of
the government due to the diagnosed personality disorder, and on
11 September 1991, you were so discharged.
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 of sexual harassment. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in NUP. Further, the Board
noted that you waived your procedural rights and did not object
to the general discharge. Finally, there is no evidence in the
record, and you submitted none, to support your assertion of
sexual harassment. 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 toe 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,
Laas
W. DEAN PF
Executive Divettor
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