DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370~51 00

TJR
Docket No: 5469-06
15 February 2007

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 13 February 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.•

You enlisted in the Navy on 19 September 1974 at age 18. You served without incident until 23 March 1976 when you were convicted by special court-martial (SPCM) of failure to obey a lawful order, resisting arrest, and assault. You were sentenced to a $200 forfeiture of pay and confinement at hard labor for 75 days . /

On 8 July 1976, after undergoing a psychiatric examination, you were diagnosed with a severe passive aggressive personality disorder and recommended for an administrative separation. On Shortly thereafter, on 22 July 1976, you were notified of pending administrative separation action by reason of unsuitability due to the diagnosed personality disorder. On 26 July 1976 your commanding officer recommended separation by reason of unsuitability. Subsequently, the discharge authority directed separation with the type of discharge warranted by your service record. On 3 August 1976 you were issued a general discharge by reason of unsuitability.
Character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 2.66. An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertion that your misconduct did not warrant the excessive punishment imposed. It also considered your assertion that your discharge has a negative affect on your quality of life. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct which resulted in a court-martial conviction, and since your conduct average was insufficiently high to warrant an honorable discharge. 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,

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