Docket No:  100-19 
Ref: Signature Date 


This is in reference to your application of 20 August 2018 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 that 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 19 May 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion (AO) furnished by a Navy mental health professional dated 13 November 2019, which was previously provided to you. 

You enlisted in the Navy and began a period of active duty on 3 June 1977.  On 17 February 1978, you were notified of an administrative discharge action for the convenience of the government due to your substandard performance, inaptitude, and a diagnosed personality disorder.  On 21 February 1978, you received non-judicial punishment (NJP) for three periods of unauthorized absence (UA) totaling 27 days, UA from your duty section muster, failure to maintain a current recall card, and failure to be at your recall location.  On 21 February 1978, you were discharged from the Navy with a general characterization of service.  On 24 February 1978, your case was forwarded to the separation authority stating, in part, that you were discharged without delay for the convenience of the government. 

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 that you were suffering from a mental health condition.  The AO noted that you underwent your Enlistment Physical Examination where you were medically determined to be “qualified for enlistment” and that during enlistment you were diagnosed with Borderline Personality Disorder and recommended for administrative separation.  The AO concluded that, the evidence you presented only partially supports your request.  Specifically, the AO noted that during your military service, there were no clinical signs or subjective complaints indicating Bipolar Disorder, including under psychological examination by a clinical psychologist.  The AO noted that your post-service medical records indicate you were diagnosed with Bipolar Disorder 36 years after your discharge from service.  The AO noted that there was no evidence linking your post-service diagnosis of Bipolar Disorder to your military misconduct.  The AO opined that it is a reach that your repeated episodes of misconduct were solely attributable to your Borderline Personality Disorder.  

The Board carefully weighed all potentially mitigating factors in your case, including your record of service, civilian medical records regarding your treatment for Bipolar Disorder, and desire to upgrade your discharge.  The Board also considered your assertions that you were accused of being on drugs, and that you contend that you will never hold a job with a general discharge.  Additionally, you contend that you are bipolar and disabled, and before you were disabled for a spinal condition, you held a job for a long time, and you were undiagnosed when you were in service, which led to a manic episode.  The Board concluded that these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct and your diagnosed personality disorder that resulted in NJP and substandard performance.  Further, the Board concurred with the AO’s statement that service members with personality disorders are considered unsuitable for service. 

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.