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NAVY | BCNR | CY2010 | 11834-10
Original file (11834-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN
Docket No: 11834-10
17 March 2011

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 15 March 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 Marine Corps and began a period of active
duty on 27 November 2006. The Board found that you were the
subject of a psychiatric evaluation and diagnosed with a
personality disorder. Subsequently, you were notified of pending
administrative separation action by reason of convenience of the
government due to the diagnosed personality disorder. You
elected to waive the rights to consult counsel, or submit a
statement. Your commanding officer forwarded his recommendation
for discharge to the separation authority. The recommendation
was approved and on 11 September 2007 you received a general
discharge.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, psychologist’s report dated 17 June 2010, and letter
from your mother. Nevertheless, the Board found that these
factors were not sufficient to warrant changing the reason for
your separation given the diagnosis of a personality disorder.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board did not consider whether to upgrade your discharge
because you did not request such action, and you have not
exhausted your administrative remedy of applying to the Naval
Discharge Review Board (NDRB). You may apply to NDRB by
submitting the attached DD Form 293.

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 in yustine .

Sincerely,

La Woa

W. DEAN PFE
Executive Di r

 

 

Enclosure

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