DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7806-15 KAY 2 0 2016 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. 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 for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2016. 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, your naval record and applicable statutes, regulations and policies. A review of your record shows that you entered active duty with the Navy on 22 November 1989. You reported to medical on 28 December 1989 complaining of pain and stiffness in your knee after being accidentally struck by a belt buckle. On 7 January 1990, you revealed that you had suffered from knee pain since age 14 due to a motor vehicle accident but had recovered sufficiently to play sports in High School. You continued to report pain and were prescribed Motrin and rehabilitation treatments. On 8 January 1990, you complained to medical of depression symptoms and a desire to leave the Navy. You admitted to a history of violent behavior since age 14 including fighting, killing a cat, attacking your mother's boyfriend with a knife, and incidents of self-abuse such as pulling your hair out and striking yourself in the head. As a result, you were diagnosed with a long standing personality disorder and recommended for an entry level performance and conduct administrative discharge. On 25 January 1990, you were discharged with an uncharacterized entry level separation due to entry level performance and conduct. The Board carefully considered your arguments that you deserve a disability qischarge .because of the knee injury you suffered in basic training . You contend that was the basis for your discharge and your condi t ion has worsened .through the years to the point you are disabled. Unfort unately, the Board disagreed with your rati onale for relief . Despite the existence of medical records that substantiate you complained of knee pain during your brief period of active duty, the Soard determined you were properly separated for entry level performance due t o your long standing personality disorder. The Board concluded that the evidence overwhelmingly supported the diagnosis based on your extensive history of violence and self-abuse prior to your entry into t he Navy. On the other hand, there was insuffici ent evidence t hat your knee pain created ~ sufficient occupational impairment of a permanent nature to make you unfit for continued naval service since you were diagnosed shortly after you complained of knee. pain. Since you were properly discharged for your personality disorder within t he first 180 days of service, your characterization of service is correctly characterized as entry l evel. Accordingly, the Board was unabl e to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. It is regretted t hat. the circumstances of your case are such that favorable action cannot be t aken. You are entitled to have the Board reconsider its deci s i on upon submission of new evidence within one year from the date of the Board's decision. New ev i dence is evidence not previously considered by the Board prior t o making its decision in this case . in this regard, it is important to keep in mind that a presumpti on 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 t he existence of probable material error or injustice. Sincerely, Executi ve Director