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NAVY | BCNR | CY2012 | 07374-12
Original file (07374-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

 

TAL
Docket No: 7374-12
10 May 2013

 

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 8 May 2013. 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 and began a period of active on

14 March 1988 at age 18. On 28 February 1989, you were the
subject of a psychiatric evaluation due to your history of
physically abusing your spouse. You stated in part that you
started to abuse your wife one week after the wedding. The
abuse continued becoming more violent, from striking your wife
on the arm had progressed to choking her. On 27 August 1989,
you were arrested by San Diego, California, police for violating
a temporary restraining order and battery without injury. On

30 August 1989, you were referred by Family Advocacy for another
psychiatric evaluation due to continued spousal physical abuse.
You were determined to be a treatment failure, disenrolled from
the Family Advocacy Program and diagnosed with an antisocial
personality disorder. You were judged to be a continuing risk to
yourself or others if retained in the Naval service. You were
notified of pending administrative discharge processing with a
general discharge. On 18 December 1989, you received the

general discharge by reason of your diagnosed personality
disorder.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change in the characterization of service or narrative reason
for separation given your diagnosed personality disorder and
failure to comply with the treatment offered by the Family
Advocacy Program. 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,

\s

W. DEAN P
Executive D

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