DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 SIN
Docket No: 5104-14
4 June 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
19 May 2015. 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
if USCC.
You enlisted in the Navy and began a period of active duty on
27 December 1993. On 19 January 1994, you were diagnosed with a
passive aggressive personality disorder that existed prior to
your entry onto active duty. Subsequently, you were processed
for separation by reason of convenience of the government due to
the diagnosed personality disorder. After being afforded all of
your procedural rights your case was forwarded to the separation
authority recommending you receive an uncharacterized entry level
discharge. On 25 January 1994, the separation authority
concurred and you were so discharge with an entry level
separation on 31 January 1994.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your short period of service and desire to upgrade your
discharge. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given your diagnosed personality disorder. With regard to your
characterization of service, the Board noted that you were
notified of your separation process within 180 days of the
beginning of your period of active service. Navy regulations
authorize an uncharacterized entry level separation if the
processing of a Sailor’s separation begins within 180 days of his
entry on active auty Accordingly, your application has been
denied.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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,
: ‘NEILL
Executive Director
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