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NAVY | BCNR | CY2012 | 04292-12
Original file (04292-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SJN
Docket No: 04292-1232
20 March 2013

 

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 19 March 2013. 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

17 June 1965. The Board found that on 7 July 1967, you were
diagnosed with a schizophrenic reaction that existed prior to
your entry onto active duty. On 21 July 1967, you were diagnosed
with an emotionally unstable personality. On 31 October 1967,

you received nonjudicial punishment (NUP) for 17 days of
unauthorized absence, two instances of disrespect and two
instances of the use of provoking language. Administrative
discharge action was initiated and it was recommended that you
receive an undesirable discharge by reason of unfitness
(unauthorized use of narcotics). After being afforded all of
your procedural rights, it was recommended that you be discharged
from the service with an undesirable discharge due to unfitness.
Subsequently, your case was forwarded and you received an other
then honorable discharge on 12 December 1967.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post service accomplishments, and character letter.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NUP, medical diagnoses, and wrongful drug use. 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,

\o Ysa
W. DEAN BRET
Executive Dikéc

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