DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00114-13
17 October 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 16 October 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
16 August 1979. On 18 February 1981, you submitted a written
request for an honorable discharge for the convenience of the
government because of your religious beliefs. On 1 March 1981,
you were the subject of a psychiatric evaluation, which diagnosed
you with an obsessive compulsive personality with dependent
tendencies. Additionally, you were found not to be mentally ill
and responsible for your behavior. On 6 May 1981, you were
convicted by summary court-martial (SCM) of disobedience. You
received restriction and a forfeiture of pay. On 17 June 1981,
you received nonjudicial punishment (NJP) for eight instances of
disobedience. On 2 July 1981, your request for discharge was
denied. However, on 9 July 1981, administrative separation
action was initiated by reason of convenience of the government
due to your diagnosed personality disorder. You were afforded
all of your procedural rights including the opportunity to submit
a statement on your behalf. On 11 September 1981, the separation
authority directed separation by reason of unsuitability. You
received a general discharge on 18 September 1981.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 2.4. At
the time of your service, a conduct average of 3.0 was required
for a fully honorable characterization of service.
The Board, in its review of your application, carefully:weighed
all potentially mitigating factors, such as your youth, record of
service, desire to change your discharge and contentions that you
were the victim of prejudice and were treated disgracefully by
your superiors and peers. Nevertheless, the Board found that
these factors and contentions were not sufficient to warrant a
change in your characterization of service given your SCM
conviction, NJP, and failure to attain the required average in
conduct. Concerning your contentions, there is no evidence in
the record to support them, and you submitted no such evidence.
Finally, you are advised that there is no provision of law or in
Navy regulations that allows for recharacterization of a
discharge automatically after a few years or due solely to the
passage of time. 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,
\) Pearle
W. DEAN PREI
Executive Bi tor
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