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

Docket No. 2871-20 
Ref: Signature Date 


This is in reference to your application of 1 April 2020 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the 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 7 May 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 21 June 1995.  On 27 July 1995, you were referred to medical after exhibiting an inability to adapt to basic training due to uncontrollable crying, decreased sleep, decreased appetite, and difficulty establishing peer relationships.  You were subsequently diagnosed with a preexisting schizotypal personality disorder and recommended for administrative separation processing.  You were notified on 2 August 1995 of administrative separation processing for personality disorder and acknowledged your rights.  On 19 August 1995, you were discharged with an uncharacterized entry level separation due to your personality disorder.  Post-discharge, you assert that the Department of Veterans Affairs (VA) assigned you a disability rating. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability in order for you to qualify for a VA loan. Unfortunately, the Board disagreed with your rationale for relief. In order to qualify for a disability discharge, a member must be unfit for continued naval service due to a qualifying disability condition.  In your case, your personality disorder did not qualify for disability processing since personality disorders were deemed to be a condition not constituting a physical disability condition under Department of Defense disability regulations.  Absent evidence that you were diagnosed with a ratable disability condition that prevented you from performing the duties of your office, grade, rank or rating, the Board concluded the preponderance of the evidence does not support the relief you desire.  Additionally, the Board was not convinced by your assertion of a post-discharge VA rating since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated.  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, 


5/29/2020