DEPARTMENT OF THE NAVY 

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

Docket No: 1151-16 
JUL 18 2016 

Dear

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 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 application on its merits. A threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 22 April 2016. 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 ofthis 
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. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 

You enlisted in the Marine Corps and began a period of active duty on 29 October 2001. You 
served without disciplinary incident until 21 June 2002, when you received nonjudicial 
punishment (NJP) for disobeying lawful orders. The Board also noted that you were referred for 
medical evaluation and diagnosed with a personality disorder. As a result ofthe foregoing, 
administrative discharge action was initiated. After being afforded all of your procedural rights, 
your case was forwarded to the separation authority. The separation authority directed that you 
be separated with a general under honorable conditions discharge due to a personality disorder. 
On 16 August 2002, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your character of service, assertion ofposttraumatic 
stress disorder (PTSD) as a reason for your misconduct, recent Department of Veterans 
Affairs (VA) disability rating, and claim that you were misdiagnosed with a personality disorder. 
Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case, 
because no error or injustice was identified in its review of your records. Accordingly, your 
application has been denied. 

Your assertion ofPTSD was carefully considered by the Board in light ofthe Secretary of 
Defense's Memorandum "Supplemental Guidance to Military Boards for Correction of 
Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PostTraumatfo-
StressDisorder" ofSeptember 3, 2014. :However, the Boarcf conc1iiciecith.at the 
statements you provided and post service Department of Veterans Affairs (VA) PTSD diagnosis 
were not enough to outweigh the seriousness of your misconduct or invalidate your diagnosis of 
a personality disorder while on active duty. As a result, the Board was unable to substantiate 
your claim of PTSD at the time of your misconduct and it was their opinion that the seriousness 
of your misconduct outweighed any mitigation that would be offered by the PTSD. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission of new and material 
evidence or other matter not previously considered by the Board within one year from the date of 
the Board's decision. 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, 


Executive Director