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NAVY | BCNR | CY2011 | 03812-11
Original file (03812-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 03812-11
2 February 2012

 

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 31 January 2012. 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

22 July 1969. The Board found that on 22 May 1970, you were the
subject of a psychiatric evaluation, which diagnosed a
personality disorder. On 26 May 1970, you received nonjudicial
punishment (NJP) for five periods of unauthorized absence (UA)
totaling 11 days and absence from your appointed place of duty.
On 2 June 1970, you were notified of pending administrative
separation action by reason of convenience of the government due
to the diagnosed personality disorder. You were afforded all of
your procedural rights including the opportunity to submit a
statement on your behalf. On 4 June 1970, your case was
forwarded for review. On 7 July 1970, a medical entry in your
record states, in part, that you were evaluated for an acute
brain syndrome resulting from you inhaling model airplane glue
fumes, and that you manifested paranoid delusions and hostility.
On 16 July 1970, you received a second NJP for two instances of
wrongful use of provoking speech, disobedience, insubordinate
conduct, underage drinking, and drinking in an unauthorized
area. On 30 July 1970, the separation authority directed your
separation by reason of unsuitability. On 5 August 1970 you
received a general discharge.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record of service. Nevertheless, the Board found that these
factors were not sufficient to warrant a change in your
characterization of service given your two NJP’s. 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,

W. DEAN PFEIFRER
Executive Direto

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