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

Docket No. 2975-17 
OCT 16 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 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 20 September 2017. The names and votes ofthe members ofthe 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 of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 
After careful and conscientious consideration ofthe entire record, the Board found that the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. 

On 24 June 1996, you entered active duty in the United States Marine Corps. On 15 October 1996, you were counseled for failure to follow orders. A mental health professional diagnosed you with adjustment disorder and personality disorder on 23 October 1996. The mental health report states "SNM does have a character and behavior disorder which is so severe that his ability to function effectively in the military environment is significantly impaired." You were provided the opportunity to receive mental health treatment prior to your separation from the service on 6 November 1996 for "Convenience ofthe Government-Personality Disorder." Your briefperiod of service was "Uncharacterized" and you received an RE-3P reentry code for failure to meet physical/medical standards. 

The Board carefully considered your argument that you should have received a disability separation or retirement due to diagnosed personality disorder, which would allow you to seek mental health assistance from the Department ofVeteran's Affairs. However, the Board did not agree with your rationale for relief. Per SECNA VINST 1850.4, "Personality Disorders or Adjustment Disorders are conditions thatmay render an individual administratively unable to perform duties rather than medically unable, and may become the basis for administrative separation. These conditions do not constitute a physical disability despite the fact they may render a member unable to perform his or her duties." The Board concluded that your diagngsed personality disorder does not qualify as a disability per the governing instruction. Furthermore, the Board highlighted , per SECNA VINST 1850.4, only those conditions that constitute physical disabilities may be considered by the Physical Evaluation Board. Certain medical conditions do not constitute a physical disability and are not ratable. Such conditions should be referred for appropriate administrative action under other laws and regulations. The Board concluded that you were correctly administratively separated based on your diagnosed personality disorder. 

The Board also denied your request to change your characterization of service. The Board determined that your characterization ofservice should remain "Uncharacterized," as you were within the first 180 days ofcontinuous active duty service at the time ofyour separation. The Board noted that it is proper for the characterization of service to be listed as "Uncharacterized," unless an "Honorable" characterization of service is clearly warranted by the presence ofunusual circumstances involving personal conduct and performance. The Board felt that there is a lack of evidence in your service record that would warrant a service characterization in your case. Accordingly, your application has been denied. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding ofthe issue( s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence ofrecord. 

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

Sincerely, 

Executive Director