Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 11 February 2021.  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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
A review of your record shows that you entered active duty with the Navy in October 2004.  You were diagnosed with a preexisting Borderline Personality Disorder on 16 February 2005 resulting in your notification for administrative separation processing for erroneous entry.  On 16 March 2005, you were discharged for erroneous entry based on your preexisting personality disorder.  You were assigned an uncharacterized entry-level separation as part of your discharge.  Post-discharge, the Department of Veterans Affairs (VA) rated you for right knee Patellofemoral Syndrome in 2010 and Adjustment Disorder in 2019. 
 
The Board carefully considered your arguments that you deserve an upgrade to your characterization of service to Honorable or General based on your medical conditions.  You assert that you believed your discharge was for medical reasons and not erroneous entry.  Unfortunately, the Board disagreed with your rationale for relief.   
 
The Board determined your uncharacterized entry-level separation remains appropriate based on the preponderance of the evidence.  Navy regulations direct servicemembers processed for separation within their first 180 days of consecutive active duty to receive uncharacterized entry-level separations unless special circumstances exist to warrant issue a characterization of service.  The Board found your record of service unremarkable when considering whether special circumstances exist to warrant a characterization of service.  The Board found no record of extraordinary performance or conduct that would merit consideration of an Honorable or General Under Honorable Conditions characterization of service.  Further, the Board found no error with your administrative separation processing for erroneous entry based on your borderline personality disorder diagnosis.  The fact you were assigned a VA rating many years after your discharge from the Navy did not persuade the Board that your 2005 diagnosis or discharge was erroneous or unjust.  In making this finding, the Board concluded that the length of time between your discharge and the assignment of your VA ratings significantly reduced the probative value of the diagnoses that formed the basis for your VA ratings in the context of determining whether your discharge was erroneous.  In the Board’s opinion, too many potential intervening factors exist to be able to effectively rely on medical diagnoses issued 5-10 years after your discharge when considering whether a disability condition existed at the time of discharge.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You are entitled to have the Board reconsider its decision upon 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, 
 
2/12/2021
Deputy Director