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NAVY | BCNR | CY2010 | 12233-10
Original file (12233-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BIG
Docket No: 12233-10
9 August 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 9 August 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 that the evidence submitted was

insufficient to establish the existence of probable material
error or injustice.

You enlisted in the Navy Reserve and entered active duty on 10
September 1953. You received nonjudicial punishment and were
convicted by a summary court-martial. Your offenses included
three periods of unauthorized absence totaling over 10 days,
and failure to obey an order (two specifications). You were
later diagnosed with a personality disorder that interfered
with the performance of your duties. You were then notified
that your commanding officer was recommending that you be
administratively separated with a type warranted by service
record discharge due to unsuitability. On 13 June 1956, you
received a general discharge due to unsuitability (personality
disorder), and were not recommended for reenlistment.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, desire
to upgrade your discharge, and post service good conduct.
However, the Board concluded that your discharge should not be
changed due to your diagnosed personality disorder and
misconduct. You are advised that no discharge is automatically
upgraded due merely to the passage of time or post service good
conduct. In view of the above, 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,

Su.

W. DEAN PP R
Executive r xr

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