Docket No: 8208-18 7335-95 Ref: Signature Date Dear : This letter is in reference to your reconsideration request dated 3 August 2018. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 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. Consequently, your application has been denied. Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 10 February 2020. The names and votes of the members of the panel will be furnished upon request. Documentary material considered by the Board consisted of your application and all material submitted in support of your application. In addition, the Board considered the 7 June 2019 opinion (AO) furnished by a qualified Navy mental health professional, which was previously provided to you, and the updated 2 July 2019 AO, which is enclosed. You presented as new evidence a personal statement that your DD 214 indicates a discharge due to a mental health issue, which was caused by the Navy by the constant harassment and abuse you endured during your seven years of service, but conversely, you are not allowed to receive any type of Department of Veterans Affairs benefits for the same. You submitted objections to the January 2018 Department of Veterans Affairs (VA) assessment and a July 2018 VA rating decision denying service connection for a personality disorder with passive/aggressive, dependent, and avoidance features. Additionally, you submitted a February 2019 VA Appeals Decision noting that you do not have a current psychiatric disability and denying service connection for a personality disorder. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during your military service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from a mental health condition during your service. The AO noted that in May 1992, you were formally counseled for being “less than cooperative.” In June 1992, your performance evaluation notes that your “personal behavior at times has been unbecoming due to her argumentative nature.” In September 1992, you were hospitalized following a suicide attempt. You had requested a hardship discharge due to anticipated separation from your spouse and child, which was denied. You were diagnosed with a personality disorder and recommended for an “expeditious administrative separation” as, “retention on active duty carries with it the omnipresent risk of suicide.” You were discharged in October 1992. Apparently, in 1994, you were evaluated by a civilian psychiatrist, who determined that you did not suffer from a personality disorder. In May 1997, the Board declined to revise your narrative reason for discharge. In September 1999, you were involuntarily admitted to a Naval Medical Center for a brief psychotic disorder without marked stressors. In January 2018, you were evaluated by a Department of Veterans Affairs VA psychologist. Apparently, during the evaluation, you denied any mental health history other than the previously described personality disorder diagnosis in-service and the post-service hospitalization in 1999. You stated that you discontinued all medications after your release from the hospital and denied any return of symptoms. The VA psychologist stated that you did not demonstrate symptoms of a personality disorder due to your ability to function in the Navy, rise in rank to E-4, and maintain a stable marriage. There is conflicting evidence regarding the presence of a personality disorder. In-service, you were diagnosed with a personality disorder. Post-service, you apparently had two mental health evaluations that you do not have the diagnosis. Whether or not you were suffering from a personality disorder at the time of your discharge, you were coping poorly with stress, as demonstrated by your suicide attempt. Medical professionals treating you at the time determined that you should be discharged. Military life presents unique stressors not present in the civilian world. At this time, there is insufficient evidence to recommend a revision of your reenlistment code. Additional records, such as post-service records describing your responses to various civilian stressors encountered and alternate coping techniques employed, are required to render an alternate opinion. Based on the preponderance of the evidence, it was opined that there is insufficient evidence to revise your reenlistment code. On 2 July 2019, an updated AO notes that you submitted a personal statement regarding frustration concerning your denial of service connection from the VA for a personality disorder, and denial of a revision of your reenlistment code from the Board. You submitted no new information. While there does appear to be some question as to whether you have a diagnosis of a personality disorder, a personality disorder diagnosis would not be considered a service-connected condition by the VA, as the diagnosis describes lifelong characterological traits and behaviors that existed prior to entering military service. As such, a personality disorder is not attributed to military service. Please be advise that based on your DD 214, you received an honorable discharged on 21 October 1992 and assigned an RE-3G, Condition (not physical disability) interfering with performance of duty reenlistment code. In this regard, you were assigned the most favorable reenlistment code based on your circumstances. The RE-3G reentry code does not automatically prohibit reenlistment but requires that a waiver be obtained through recruiting personnel who can guide you through the process. If you wish to reenlist, re-affiliate, or be reinstated in the Navy, you should contact the Navy Recruiting Command via your nearest recruiting facility. It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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.