DEPARTMENT OF THE NAVY 

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

Docket No: 1765-17 
AUG 2 5 2018 


Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. After careful and conscientious 
consideration ofthe entire record, the Board found the evidence submitted was 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application ori 16 May 2018. 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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, relevant portions ofyour naval record, and 
applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 26 February 1998. You served for 
11 months without disciplinary incident, but on 14January1999, you received nonjudicial 
punishment (NJP) for failure to obey a lawful order; On 22 February 1999 you were referred by 
your command for a psychiatric evaluation after reporting that you were atthe end ofyour rope 
and that you were having thoughts ofkilling yourself. You complained oftension and migraine 
headaches, problems concentrating, insecurities, trouble making friends, hearing voices, feeling 
helpless, easily excited, low self-esteem, suspiciousness, odd thoughts and hopeless feelings. 
You were diagnosed· with a personality disorder, with borderline and passive-aggressive features, 
arid deemed unsuitable for continued military service. You were considered to be at risk for 
continued and rriore serious impairment in functioning ifyou remained in the active service. 
Subsequently, you were notified ofpending administrative separation by reason of convenience 
ofthe government due to personality disorder at which time you waived your procedural rights 
to consult with legal counsel. Your commanding officer recommended a general under 
honorable conditions discharge by reason of convenience of the Government due to personality 
disorder. The discharge authority approved this recommendation and directed separation with a 
general under honorable characterization ofservice, and on 21 May 1999, you were discharged. 

The Board carefully weighed all potentially mitigating factors, including your contention that 
your separation is ambiguous and needs to be corrected. The Board concluded these factors were 
not sufficient to warrant relief in your case because of your misconduct that resulted in an NJP 
and your diagnosed personality disorder. In regard to your contention, the Board relies on a 
presumption ofregularity to support the official actions of public officers and, in the absence of 
substantial evidence to the contrary, will presume that they have properly discharged their 
official duties. Your allegation, of ambiguity is unsupported in the record and you have failed to 
overcome the presumption ofregularity. The Board, in its review, discerned no impropriety or 
inequity in the discharge. 

It is regretted that the circumstances of your 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. 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 ofan official naval record, the burden is on the applicant to 
demonstrate the existence ofprobable material error or injustice. 

Sincerely, 



Executive Director