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NAVY | BCNR | CY2012 | 05612-12
Original file (05612-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

SUN
Docket No: 05601-12
19 July 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 17 July 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

19 August 1977. The Board found that you received two
nonjudicial punishment’s (NJP‘’s) for two instances of being
absent from your appointed place of duty. On 22 April 1980,

you were diagnosed with a personality disorder. Subsequently,
administrative separation action was initiated due to your
diagnosed personality disorder. You elected to waive the rights
to consult counsel, submit a statement or have your case heard by
an administrative discharge board. On 13 May 1980, your
commanding officer forwarded his recommendation that you be
discharged under honorable conditions. On 22 May 1980, the
separation authority directed that you be separated with a
general discharge by reason of your diagnosed personality
disorder, You were so discharged on 30 May 1980.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and letter of support from the New England Shelter for
Homeless Veterans. Nevertheless, the Board found that these
factors were not sufficient to warrant a change in
characterization of your discharge given your misconduct that
resulted in two NUP’s. Finally, the Board noted that you waived
the right to an ADB, your best chance for retention or a better
characterization 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,

W. DEAN Bret

Executive Di

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