DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5018-19 Reference date This is in reference to your application of 29 April 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 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, sitting in executive session, considered your application on 19 March 2020. 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. The Board also considered the advisory opinion (AO) dated 3 March 2020 furnished by a Navy mental health professional. You enlisted in the Marine Corps and began a period of active duty on 12 February 1997. On 29 January 1998, you were counseled concerning your failure to maintain sufficient funds. On 10 April 1998, you were referred for a mental health evaluation due to suicidal and assaultive impulses after reporting that you feared you would “lose it and hurt someone” if you felt harassed. On 2 July 1998, you received non-judicial punishment for writing a check when you knew the account had been closed. On 14 August 1998, you were counseled due to your inability to handle the stresses of being a Marine. On 17 September 1998, you were counseled concerning your illegal use of drugs, specifically methamphetamines. On 21 October 1999, you were evaluated in the mental health department, diagnosed with adjustment disorder with mixed disturbances of emotions and conduct, and anti-social personality disorder. The evaluation also recommended you for administrative discharge. On 1 December 1999, you were counseled concerning your substandard performance and inappropriate conduct. On 8 December 1999, you were counseled regarding your assignment of a RE-4 (not recommended for reenlistment) reentry code because of diagnosed medical problems and unsuitability for military service. Subsequently, you were notified of an administrative action to separate you from the naval service for convenience of the government due to personality disorder. You consulted counsel and waived your rights prior to being transferred to another battalion due to the operational requirements of your current command. On 2 February 2000, your new Commanding Officer (CO) recommended a general, under honorable conditions (GEN) discharge by reason of convenience of the government due to personality disorder. The discharge authority, concurring with your CO, directed you be discharged by reason of convenience of the government due to personality disorder with a GEN characterization of service. On 7 March 2000, you were discharged and assigned a RE-4 reentry code. Your request for an upgrade to your characterization of service was reviewed in consideration of your contentions that you do not have a personality disorder. 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.” As part of the Board’s review, a Navy mental health provider reviewed your request and provided the Board with an AO on 3 March 2020. The AO noted you were diagnosed with a personality disorder, adjustment disorder, and alcohol use disorder during military service, and there is no indication those diagnoses were in error. The AO also noted that you received multiple evaluations and continued to demonstrate behavior consistent with the diagnoses. The AO concluded there is evidence that the behavior which resulted in your discharge should be attributed to your in-service personality diagnosis. The Board considered your contention that you did “pay for” the one “minor offense” which caused you to be discharged. The Board also considered your contention that you were going through a difficult period during the time precipitating your suicide attempt. The Board noted from the April 1998 medical health summary that you had self-reported substance abuse of ephedrine and recently returned from a period of unauthorized absence. Your record does not indicate there was an adjudication of the misconduct just that you later recounted your report of substance abuse. Further, the Board noted your average PRO/CON marks for the enlistment were 3.5/3.5. Lastly, the Board noted the numerous times you were recommended for administrative separation processing, to include after your initial diagnosis of personality disorder in April 1998, after your attempted overdose on heroin and alcohol in September 1998, and after your October 1999 evaluation. Additionally, the Board considered your contention that “my Good Conduct medal was on my DD 214” but noted the Good Conduct Medal is not listed in block 13 but in block 18 as a statement regarding the start of the clock for the medal and not a statement that you were awarded the medal. The Board also considered your contention that, after suffering the loss of a child, you “served honorably” and have overcome your discharge and “made a productive life and stayed out of trouble.” Further, the Board considered the advocacy letters written on your behalf prior to your discharge but noted you did not submit any current advocacy letters that speak to your contention regarding leading “a productive life.” Additionally, the Board considered your contention that you were “denied a second opinion by the Navy” but noted you received at least four psychiatric evaluations during the span from April 1998 until your discharge in March 2000 in which you were diagnosed with personality disorder, adjustment disorder and alcohol use disorder. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered the above contentions. The Board, substantially concurring with the AO, determined that the diagnosis of personality disorder was not in error but, even under the liberal consideration standard, the Board found there was insufficient evidence of an error or injustice in the assignment of a GEN characterization of service. Specifically, the Board, noting your 3.5/3.5 PRO/CON marks, your NJP, and your repeated counseling for substandard performance and inappropriate conduct. 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 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 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, 4/12/2020