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

Docket No: 4091-19 
Ref: Signature Date 

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 application on its merits. A three-member panel of the Board for Correction of Naval Records (Board), sitting in executive session, considered your application on 23 September 2019. 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. 

You enlisted in the Marine Corps and began a period of active duty on 25 June 1997.  On 24 November 1998, you were counseled regarding the following: a diagnosis of a personality disorder, underage drinking and operating your personal vehicle while intoxicated.  A 25 November 1998 Report of Medical History noted that you had been screened for purposes of discharge from military service; personality disorder, adjustment disorder with depressed mood was documented. On 27 November 1998, you received nonjudicial punishment (NJP) for violating Uniform Code of Military Justice, Article 86 (unauthorized absence and absence from your appointed place of duty), Article 90 (three specifications of failing to obey a lawful order), Article 92 (violating a lawful general order), and Article 107 (false official statement.  On 31 December 1998, you were discharged on the basis of Personality Disorder and received a general characterization of service and a reentry (RE) code of RE-3P. 

In your petition to the Board, you request an upgrade to your characterization of service from general to honorable.  You contend that since you were discharged from the military due to a medical reason, you are entitled to an honorable characterization of service. You also state you have been rated at 20% disabled. 

The Board carefully reviewed your application took into consideration your in-service personality disorder diagnosis.  The Board also considered that your statement regarding a 20% disability.  The Board noted that your record reflects that you were found guilty at NJP for various infractions approximately one month prior to your discharge. In consideration of the length of your service and the nature of the misconduct for which you were found guilty of at NJP, the Board found that a general characterization of service vice an honorable characterization was warranted.  The Board considered that even though your medical condition appears to have be the basis for your separation proceedings, your misconduct could be taken into account when determining the appropriate service characterization.  Furthermore, the Board noted that although your medical diagnosis appears to have predicated the administrative discharge proceedings, you did not receive a medical discharge pursuant to SECNAVINST 1850.4 series.  The Board determined, however, that the administrative discharge vice processing you under medical discharge procedures was appropriate given the nature of your diagnosis and the commission of misconduct as evidenced by the 27 November 1998 NJP.  The Board concluded that your current discharge does not merit an upgrade. 

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

Sincerely, 


12/2/2019