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NAVY | BCNR | CY2014 | NR9622 14
Original file (NR9622 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

     
  

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Docket No: 9622-14
11 May 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

15 April 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.

You enlisted in the Navy and began a period of active duty on

19 March 1996. Shortly thereafter, you were diagnosed with a
personality disorder and recommended for an administrative
separation. Although the separation documentation is not in the
record, it appears that administrative separation action was
initiated by reason of convenience of the government due Co Ene
diagnosed personality disorder. The record clearly reflects
that on 1 August 1966, while serving in paygrade E-3, you were
discharged with an uncharacterized entry level separation.

 

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your characterization of service and
Narrative reason for separation. Nevertheless, the Board
concluded these factors were insufficient to warrant relief in
your case because Navy regulations state, in part, that Sailors
serving in paygrade E-3 who have been diagnosed with a medical
and/or mental condition, such as a personality disorder, and who
have served for less than 180 days of active duty, must receive
an uncharacterized separation. 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

ROBERT J. O'NEILL
Executive Director

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