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

Docket No: 4743-19 
Ref: Signature Line

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 you did not file your application 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, sitting in executive session, considered your application on 30 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.

Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record.

You enlisted in the Navy and began a period of active duty on 30 March 1995. On 18 July 1987, you were evaluated at the Naval Air Station  Branch Medical Clinic Mental Health Unit. Based on a clinical interview, your self-reported symptoms, behavioral observation, and psychological testing you were diagnosed with adjustment disorder with depressed and anxious mood, and personality disorder with avoidance and compulsive personality features.  The medical notes read, in part:

[P]t [patient] is not mentally ill but manifests a longstanding disorder of character and behavior which renders her incapable of serving adequately in the USN. Although not currently suicidal or homicidal, she is judged to represent a continuing danger to self/others if retained in the USN. Consequently, she is strongly recommended for an Expeditious Administrative Separation. Pt and command have been advised of the recommendation. Pt may return for counseling.

On 4 August 1997, administrative discharge action was initiated by reason of convenience of the government due to personality disorder. After being afforded your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you be discharged with an honorable characterization of service, and the separation authority approved your separation from the Navy. On 12 August 1997, you were discharged with an honorable characterization of service. On 13 February 2002, the Naval Discharge Review Board (NDRB) determined your discharge was proper as issued and no change was warranted. The NDRB also determined that your separation reason and code, personality disorder and JFX were correct and that changing them would be inappropriate.
Additionally, the NRRB did direct changes to your DD Form 214, block 12a (date entered active duty); 12c net active service); and 25 (separation authority).

You request the Board change your DD Form 214 block 28 narrative reason. You assert that it has been a long time since your discharge and “justice is due at this moment.” The Board carefully weighed all potentially mitigating factors, such as your record of service, as well as your contention, but concluded that these factors were not sufficient to warrant a change to your separation reason as the Board found no error in your record. The Board noted that you neither alleged—nor provided any evidence to show—any error or injustice. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and policy and in good faith. The Board thus concluded that there is no probable material error or injustice in your record warranting corrective action.

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 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,