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

SMW
Docket No: 8594-07
30 May 2008

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 29 May 2008. 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.

On 23 March 1984, you enlisted in the Navy at age 22.
On 4 January 1985, you began an unauthorized absence (UA) that ended on 15 February 1985, a period of about 42 days. On 16 February 1985, you were counseled for driving while intoxicated. On 11 March 1985, you began another UA that ended on 14 April 1985, a period of about 34 days. On 14 April 1985, you were admitted to a mental health unit (MHU) in which you were found to abuse alcohol and diagnosed as having an immature borderline personality disorder. On 16 April 1985, you received medical treatment due to a suicide gesture. You subsequently received an evaluation at an MHU which stated that you wanted to be readmitted to the MHU to get out of confinement. The evaluation also found that you abused cannabis and alcohol.

On 7 June 1985, you were convicted by a special court—martial of two instances of UA totaling about 76 days and missing the
movement of your ship. The sentence included confinement at hard labor, forfeitures of pay, reduction in rank, and a bad conduct discharge (BCD). The confinement at hard labor was subsequently reduced and suspended. On 7 June 1985, you were released from confinement. During the period 19 June to 11 September 1985, you were UA on two occasions totaling about 69 days. On 4 October 1985, you had NJP for the two UA’s totaling 69 days. After the BCD was approved at all levels of review, on 13 March 1986, you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth and mental health treatment. The Board also considered your belief that your BCD would be recharacterized after a period of time. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct. Furthermore, you are advised that there is no provision in the law or regulations that allows for recharacterjzation of service due solely to the passage of time. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted. 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