DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8289-16 AUG 29 2017 Dear : This is in reference to your application for correction ofyour naval record pursuant to the provisions of title 10 ofthe 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 oflimitations and consider your application on its merits. A threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 22 May 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror 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. You began a period of active duty in the Navy on 19 August 1982. You served approximately one year without disciplinary incident. On 5 July 1983, you received nonjudicial punishment (NJP) for disrespectful language. You received a second NJP on 27 October 1983, for two specifications ofviolating a lawful order. On 12 August 1985, you were convicted by General District Court, Traffic Division, for improper driving. On 14 February 1986, you were found guilty at a third NJP ofunauthorized absence (UA), failure to follow a lawful order and failure to obey a lawful regulation, and wrongful use of marijuana. In February 1986, you were diagnosed as being poly-substance dependent on alcohol and marijuana. You were notified ofadministrative separation proceedings against you and elected to appear before a board. On 7 May 1986, an administrative separation board determined by a vote of3 to 0, that you committed misconduct (pattern ofmisconduct and drug abuse), and unanimously recommended that you be separated with an other than honorable characterization of service. Commanding Officer, Facility concurred with the board's recommendation. On 25 July 1986, you signed an administrative entry in your service record acknowledging that you had been offered the opportunity to attend a Veterans Affairs (VA) hospital prior to your discharge and that you voluntarily declined the opportunity so that you could be immediately discharged from the Navy. You were discharged from the Navy on 25 July 1986, with an other than honorable characterization of service. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material or injustice. The Board considered your request for a correction to your other than honorable characterization of service. You assert that following one ofyour NJPs, you were diagnosed with Borderline Personality Disorder and were not aware that Borderline Personality Disorder was a mental illness until recently. When making its determination, the Board considered you statement that you did not receive treatment and believe that if you had, your conduct would have become honorable. Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your assertion that your medical diagnosis impacted your conduct in the Navy. The Board reviewed your service record and found that your NJPs were properly executed and that your administrative discharge proceedings were in accordance with regulatory and statutory requirements. You were notified ofthe basis for separation, and an administrative separation board considered the allegations of misconduct as well as information you were able to present on your own behalf. You were afforded the opportunity before the board to provide information about your mental condition as well as factual circumstances that may have mitigated or overcome the guilty finding at NJP ofdrug abuse. Nonetheless, the administrative separation board recommended a discharge with an other than honorable characterization of service. The Board noted that on 25 July 1986, you were given the opportunity to seek treatment, and you declined. In consideration of the totality ofinformation in your record, the Board found that you were not treated unjustly or denied appropriate care. The Board concluded that your discharge characterization ofother than honorable was issued without error or injustice. Accordingly, your application has been denied. Itis regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity 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