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. 

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 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 Non-judicial punishment was imposed on you for possession and use of marijuana on assault with a deadly weapon. After a period of successful service, you were seen by mental health on and diagnosed with a mild adjustment disorder. However, after a suicide gesture of ingesting Benadryl on you were diagnosed with an adjustment disorder, alcohol abuse, and a personality disorder. You were determined to be fit for full duty but recommended for administrative separation for your personality disorder. On you were notified of administrative separation processing for personality disorder resulting in your discharge on with an Honorable characterization of service. You assert that the Department of Veterans Affairs (VA) has rated you for anxiety disorder and Post-Traumatic Stress Disorder (PTSD) at 70% as of 2018. 

The Board carefully considered your arguments that you deserve to be placed on the disability 
retirement list. You assert that you went through a number of traumatic events that should have 
led to a disability discharge as evidenced by your current VA rating. Unfortunately, the Board 
disagreed with your rationale for relief. First, the Board found the preponderance of the 
evidence supports the Navy’s decision to separate you for a personality disorder. There was no 
evidence presented that invalidates medical diagnosis of personality disorder 
and recommendation for administrative separation. Since this medical evidence formed the basis 
for your administrative separation, the Board concluded the preponderance of the evidence 
shows the Navy acted reasonably and correctly in your case. The Board considered the fact you 
were rated by the VA for anxiety and PTSD years after your release from the Navy. However, 
they concluded that the VA’s rating was issued too distant in time from 1988 to be probative on 
whether you were misdiagnosed in or unfit for continued naval service due to anxiety or 
PTSD. In their opinion, there are too many potential intervening factors that could have 
contributed to your current diagnoses and VA disability rating to be reasonably relied upon as 
evidence of error by the Navy in . 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. You are entitled to have the Board reconsider its decision upon 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.