DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1559-16 DEC 27 2016 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 3 November 2016. Your allegations oferror 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 reco_rd and applicable statutes, regulations and policies. A review of your record shows you entered active duty with the Navy in October 2002. On 14 February 2005, you were diagnosed with a Borderline Personality Disorder and recommended for administrative separation. After acknowledging your rights, you were discharged with a General characterization of service based on your personality disorder. After initially being denied relief by the Naval Discharge Review Board (NDRB) in 2007, your narrative reason for separation was changed to Secretarial Authority by the NDRB in 2015. However, your characterization of service was determined to be correct and your request to be upgraded to an Honorable characterization ofservice was denied. On 18 May 2015, the NDRB decision was affirmed by the Joint Service Review Agency: The Board carefully considered your arguments that the NDRB abused their discretion through an arbitrary and capricious decision not to upgrade your characterization of service. You assert that the General characterization is not supported by your military record since there are no documented incidents of misconduct memorialized through counseling statements or other judicial or non-judicial proceedings. You also provided evidence that you possessed medical conditions that may have influenced your behavior while on active duty. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded that the lack of evidence that the command took any action to address your behavior beyoncl recording it in the performance evaluation of 4 March 2005 did not preclude the issuance ofa General characterization of service. In the Board's opinion, your admission that you committed misconduct through an incident ofunauthorized absence and that you experienced work related difficulties with your supervisors substantiated your performance evaluation and commanding officer's comments in your separation paperwork that your behavior contributed to a breakdown of good order and discipline. Based on this evidence, the Board concurred with the findings of the 2015 NDRB decision and rationale that no error exists with your characterization of service. In addition, the Board determined that the medical evidence you provided does not support a finding of an injustice warranting a change to your characterization of service. The Board determined that this evidence was insufficient mitigation evidence to overcome your performance deficiencies that led to your General characterization ofservice. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes ofthe members ofthe panel will be furnished upon request. In regard to your request for a personal appearance, be advised that the Board regulations state personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose. In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence ofthe record. 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 ofnew evidence within one year from the date ofthe Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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 ofprobable material error or injustice. Sincerely, Executive Director