Docket No. 4959-18 
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.  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.  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 of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 December 2018.  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 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.   

A review of your record shows that you entered active duty with the Navy in January 2008 and served successfully until your discharge on 16 March 2011 due to your personality disorder. 

The Board carefully considered your arguments that you were improperly discharged for a personality disorder vice a disability.  Unfortunately, the Board found insufficient evidence to support relief in your case.  Your record shows that you were transferred to VAW 120 in October 2010 prior to your administrative separation.  From October 2010 through the date of your discharge, you earned a 3.29 trait average with a promotable recommendation and positive performance comments.  These performance marks indicate you were performing above fleet standards for your paygrade.  The Board found no evidence you were suffering from a disability condition or that you were unable to perform the duties of your office, grade, rank or rating.  So while you may have been released from your active duty obligation based on a personality disorder diagnosis for convenience of the government, the Board found no evidence of unfitness for continued naval service due to a qualifying disability condition.  It is worth noting that a personality disorder is not a compensable disability condition under Department of Defense disability regulations.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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 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,