Docket No: 8650-18 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 29 January 2020. 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the 23 August 2019 advisory opinion (AO) furnished by a Navy mental health professional, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 26 October 2000. On 10 October 2003, a mental health professional diagnosed you with a personality disorder, not otherwise specified, severe, that existed prior to your enlistment and strongly recommended that you be separated from the Navy. On 14 October 2003, you were notified of administrative discharge action due to being diagnosed with a personality disorder. On 23 October 2003, your commanding officer forwarded your case to the separation authority stating, in part, that your attitude and performance warrant a general characterization of service. On 20 November 2003, you were separated with a general discharge. You request an upgrade of your characterization of service on the basis that you suffered from a mental health condition during your military service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A Navy mental health professional further reviewed your request for correction to your record and provided the Board with an AO regarding your assertion you were suffering from a mental health condition during your service. The AO noted that in your discharge paperwork, your command noted that you had not experienced sea duty prior to reporting to the command, and was having significant trouble adapting to the demands of a shipboard duty station, despite having received counseling from the command and treatment from mental health providers. You submitted a statement that you incurred anxiety and depression following the stigma that followed you after being acquitted in a court-martial of sexual harassment charges. You stated that you have received treatment from the Department of Veterans Affairs (DVA) for a mental health conditions, but no records were available for review. Unfortunately, you have submitted no medical records listing a diagnosis of a mental health condition. In-service, your mental health symptoms were attributed to problematic characterological traits existing prior to service. The behavior, which resulted in your discharge character of service is consistent with your diagnosed personality disorder. Additional, post-service medical records listing any additional mental health diagnoses and their specific link to your military misconduct are required to render an alternate opinion. Based on the available evidence, there is insufficient evidence to attribute the circumstances that resulted in your characterization of service to a mental health condition other than your in-service diagnosed personality disorder. The Board carefully weighed all potentially mitigating factors, such as your record of service and desire to upgrade your discharge. The Board also considered your assertions that you incurred anxiety and depression following the stigma that followed you after being acquitted in a court-martial of sexual harassment charges. The Board concluded these factors and assertions were not sufficient to warrant re-characterizing your discharge given your conduct, performance, and diagnosed personality disorder. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute the circumstances that resulted in your discharge character of service to a mental health condition other than your in-service diagnosed personality disorder. 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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.