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

Docket No. 4836-19 
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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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. 
  
A review of your record shows that you entered active duty with the Navy in January 1989.  You were hospitalized for suicidal ideations in October 1990 and expressed a desire to leave the Navy due to your inability to cope with the military environment.  As a result, you were diagnosed with an adjustment/personality disorder and recommended for administrative separation.  You were discharged on 16 October 1990 on the basis of your personality disorder diagnosis.  On 25 May 2018, the Department of Veterans Affairs (VA) rated you for persistent depressive disorder with anxious distress effective 2015.  Your rating was increased from 30% to 70% effective 2018. 

The Board carefully considered your arguments that your narrative reason for separation should be changed to disability.  You assert that your VA rating in 2015 for persistent depressive disorder substantiates that you were unfit for continued naval service in 1990.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded it lacked sufficient evidence to find that you were unfit for continued naval service due to persistent depressive disorder in 1990 since your VA diagnosis was issued approximately 25 years after your release from active duty.  The Board concluded the personality disorder diagnosis issued contemporaneous with your active duty service was more reliable medical evidence of your medical condition in 1990 than one issued 25 years after the fact.  Based on this finding, the Board determined the preponderance of the evidence supports the Navy’s diagnosis of personality disorder and decision to administratively separate you at the convenience of the government.  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.   
      
Sincerely, 


10/5/2019