Docket No. 7406-20
Ref: Signature Date


Dear 
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  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 relevant portions of your naval record and your application, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.      
 
A three-member panel of the Board, sitting in executive session, considered your application on    17 December 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 carefully considered your arguments that you deserve constructive service credit based on the Navy’s failure to properly counsel you for your personality disorder and allow you an opportunity to overcome your deficiencies before administratively separating you.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded that the previous board sufficiently addressed the Navy’s error by changing your narrative reason for separation from personality disorder to Secretarial Authority.  Despite your ability to perform your duties prior to your personality disorder diagnosis, the Board felt that your diagnosed personality disorder was sufficiently severe at the time of your discharge that you were appropriately discharged you at the convenience of the government in order to prevent harm to yourself.  The Board considered the fact you were seen for suicidal thoughts and self-mutilation in March 2004 and medically recommended for administrative separation as a result of your harmful behavior.  These factors led the Board to conclude you would have qualified for administrative separation had the Navy counselled you after your recommendation for administrative separation.  Therefore, the Board concluded that the previous Board’s action to change your narrative reason for separation to Secretarial Authority without granting service credit was appropriate since you were medically qualified for administrative separation at the time of your discharge.  More importantly, the Board concluded that you were not unjustly denied a career in the Navy since you failed to accurately report your preservice history of self-destructive behavior as part of your enlistment physical.  As a result, the Board felt you likely entered the Navy fraudulently or erroneously.  Based on this finding, they concluded you should not benefit from your failure to disclose your preservice mental health condition.  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 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.        

Sincerely,