DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100
CRS
Docket No: 5073-11
4 October 2611
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 24 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.
The Board found that you enlisted in the Navy on 16 February
1993. A summary court-martial convened on 24 September 1994 and
found you guilty of an unauthorized absence and missing ship's
movement through design.
On 16 November 1994 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense. After review by the discharge
authority, the recommendation for separation was approved, and on
9 January 1995 you were separated with a discharge under other
than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, and the contention that you were suffering
from undiagnosed schizophrenia when you committed the offense
which resulted in your discharge. The Board concluded that those
factors insufficient to warrant the recharacterization of your
‘service in view of your disciplinary record. In addition, there
is no evidence in the available records which demonstrates that
you suffered from a mental illness during your period of service.
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,
\pWape |
. DEAN PFE
Executive Ditredtor
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