DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4657-11
10 February 2012
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 7 February 2012. 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 5 March 1990 at age 19, immediately
began a period of active duty, and served without disciplinary
incident. About three months later, on 8 June 1990, after being
referred for a psychiatric evaluation due to depression, you were
diagnosed with alcohol dependency and a personality disorder with
severe impulsive and antisocial features. The psychiatric report
stated, in part, that you had suicidal thoughts several times on
a daily basis, but did not want to die, just injure yourself as a
Means to get out of the Navy. As a result, you were recommended
for an expeditious administrative separation. Subsequently, you
were processed for an administrative separation by reason of
convenience of the government due to your diagnosed personality
disorder. The discharge authority directed an uncharacterized
entry level separation by reason of convenience of the government
due to a diagnosed personality disorder. On 20 June 1990, while
serving in paygrade E-2, you were so discharged and assigned an
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to recharacterize your service and change
your reenlistment code. It also considered your assertion that
you made up stories to get out of the Navy. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your diagnosed
personality disorder and failure to complete recruit training.
Finally, it is well settled in the law that if a Sailor procures
a discharge by fraud/lying, he/she should not benefit from the
fraud when it is discovered. With that being said, if you lied
to get out of the Navy as you assert, no corrective action would
be appropriate. 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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