DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 1561-20 
Ref: Signature Date 

Dear  
 
This is in reference to your application of 26 September 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, 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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 23 April 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.
 
A review of your record shows that you entered active duty with the Navy on 9 December 1992.  Non-judicial punishment was imposed on you for an orders violation on 1 May 1993 and, again, on 11 January 1994 for a false official statement.  You were diagnosed with an anti-social personality disorder and borderline personality disorder on 2 February 1994 which resulted in a recommendation for administrative separation processing.  However, non-judicial punishment was imposed on you for additional misconduct involving unauthorized absences and false official statements.  Due to your misconduct, you were notified of administrative separation processing for both commission of a serious offense and personality disorder.  You were eventually discharged on 27 April 1994 with an other than honorable characterization of service due to misconduct.
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and upgrade to your characterization of service.  You provided evidence of good post-discharge character and assert that you have learned from your past mistakes.  You also argue that you should have been discharged for a disability condition.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board determined you did not qualify for a disability discharge based on your misconduct related administrative separation.  Disability regulations directed misconduct processing to supersede disability processing.  Additionally, the Board found no evidence of a qualifying disability in your record.  You were diagnosed with a personality disorder which does not qualify as a disability condition under Department of Defense disability regulations.  Second, the Board concluded your characterization of service remains appropriate.  Your record shows that you were involved in multiple incidents of misconduct duringyour period of active duty.  In the Board’s opinion, these incidents of misconduct, when considered in totality with your brief period active duty, documented a significant departure from conduct expected of a service member.  The Board took into consideration that your three incidents of false official statement all qualified as serious offenses based on the punitive discharge authorized by the Uniform Code of Military Justice.  Based on these findings, the Board determined your post-discharge good character was insufficient mitigation evidence to merit a change to your characterization of service.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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,