DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7ot S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
' SGN
Docket No: 02250-13
12 February 2014
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 11 February 2014. 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
20 June 1975. The Board found that on 2 December 1975, you
received nonjudicial punishment (NUP) for assault. On 15 January
1976, you received a second NUP for 20 days of unauthorized
absence (UA) and missing ship's movement. On 30 January 1976,
you were the subject of a psychiatric evaluation that diagnosed
you with an immature personality disorder that had existed prior
to your entry into the service. The report stated, in part, that
you had a longstanding diagnosed character disorder that did not
require psychiatric hospitalization or outpatient treatment in a
military setting. It was recommended that you be
administratively separated. Subsequently, you were notified of
pending administrative separation action by reason of
‘unsuitability due to the diagnosed personality disorder. You
were afforded all of your procedural rights including the
opportunity to submit a statement on your behalf. Your case was
forwarded and it was directed that you be separated due to
unsuitability with a general discharge. You were so discharged
on 12 February 1976,
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 2.0. At
the.time of your service, a conduct average of 3.0 was required
for a fully honorable characterization of service when being ~
discharged due to convenience of the government.
' The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
“service and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant a
change in your. characterization of service given your two NUJP's
for serious offenses and failure to attain the required average
in conduct. 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.
ee aN
ROBERT D. SG ALMAN
Acting Executive Director
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