DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4927-13
14 May 2014
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 7 May 2014. 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
27 June 1975 at age 17. You received nonjudicial punishment
(NJP) for unauthorized absence (UA) from your unit and wrongful
possession of a dangerous weapon (a machete). You were the
subject of psychiatric evaluations due to your ongoing severe
interpersonal difficulties. You stated in part that you wanted
to transfer to another submarine for fear you would hurt others
or yourself. You were diagnosed with an immature personality
disorder with antisocial traits. It was recommended that you
should be removed from nuclear submarines and be
administratively separated. You were notified of pending
administrative discharge processing with a general discharge.
You waived all of your procedural rights. On 4 December 1979, .
you received NUP for failure to obey a lawful written order,
disorderly conduct and writing checks without sufficient funds.
On 3 January 1980, you received NJP for wrongful use of
marijuana. On 18 January 1980, you received the general
discharge (unsuitability-personality disorder), and were
assigned an RE-4 reenlistment code.
Character of service is based in part on conduct marks assigned
on a periodic basis. Your conduct mark average was 2.8. A 3.0
conduct mark averitje was;required for a fully honorable
discharge. a *
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 reenlistment code
given your diagnosed personality disorder, misconduct, and
insufficiently high conduct mark average. Further, the Board
concluded that your diagnosed personality disorder and non-
recommendation for retention or reenlistment were sufficient to
support the assignment of an RE-4 reenlistment code, which is
authorized by regulatory guidance. 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,
Te et D>, |
ROBERT D. ZSALMAN
Acting Executive Director
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