DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00230-11
2 February 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 1 February 2011. The names and votes of the
members of the panel will be furnished upon reguest. 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 and began a period of active duty on
1 July 1973. The Board found that you received four nonjudicial
punishments (NJP’s) for two instances of absence from your
appointed place of duty, disobedience, use of provoking speech
and gestures, and seven periods of unauthorized absence (UA).
You were also convicted by two special courts-martial (SPCM’s) of
disobedience, drawing a weapon against a superior officer,
damaging government property, resisting apprehension, use of
provoking speech and gestures, assault, and communicating a
threat. You were sentenced to confinement at hard labor, a
reduction in paygrade, and a bad conduct discharge (BCD). You
received the BCD on 5 February 1976 after appellate review was
completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and belief that you
should have been discharged due to your diagnosed paranoid
personality that existed prior to your entry on active duty.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your four NJP’s and two SPCM convictions for very serious
offenses. Finally, there is no indication in the record that
your diagnosed paranoid personality that existed at the time of
your service was so serious as to excuse you of responsibility
:for your actions, or was sufficiently mitigating to warrant
recharacterization. The record shows that although you were
diagnosed with a paranoid personality, you were found to be
responsible for your behavior. 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,
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