DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

			CRS
									    Docket No: 5016-06 
									    23 October 2007

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 October 2007. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Navy on 9 October 1984. You received four nonjudicial punishments for offenses that included unauthorized absences totaling 37 days, passing worthless checks, losing military property, failure to obey a lawful order, making a false official statement, and malingering. On 11 April 1987, you were given a diagnosis of a mixed personality disorder with borderline and antisocial traits.

On 8 October 1987 your commanding officer recommended that you be separated with a discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and you were discharged on 6 November 1987 with a discharge under other than honorable conditions.

In its review of your application the Board carefully considered the contention that your misconduct was related to a head injury and mental problems from which you suffered but found it to be unsubstantiated. It concluded that your misconduct was not significantly extenuated or mitigated by the diagnosed personality disorder. The Board concluded that your service was properly characterized as under other than honorable conditions, given your repeated acts of misconduct. 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,

W. DEAN PFEIFFER
Executive Director