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

Docket No:  5239-19 
Ref: Signature date 

Dear

This letter is in reference to your reconsideration request dated 20 May 2019.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been partially approved.1 Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the 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, sitting in executive session, considered your application on 13 January 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
You enlisted in the Marine Corps and began a period of active duty on 18 June 2001. On 7 February 2002, you were diagnosed with Personality Disorder, Not Otherwise Specified, with Immature Features.  On 20 February 2002, administrative discharge action was initiated against you. On 21 February 2002, your Commanding Officer (CO) recommended that you be separated with a General characterization of service at the convenience of the government due to a personality disorder.  On 22 February 2002, you waived counsel and the right to make a statement.  Also on that day, you received nonjudicial punishment (NJP) for Malingering.  On 28 March 2002, you received NJP for Violation of a Lawful Order and Breaking Restriction.  
( In a previous application (5111-17), the Board granted you partial relief by changing your narrative reason for separation from Personality Disorder to Secretarial Authority.)

On 19 April 2002, the Regimental CO concurred with the battalion commander.  On 6 May 2002, the Separation Authority approved your separation with a General discharge.  You were separated on 20 May 2002 and signed a statement that you would receive an RE-3 reenlistment code.  On 12 June 2015, the Naval Discharge Review Board denied your request to upgrade the character of your discharge, remove your two NJPs, and change your narrative reason.  However, on 3 December 2018, the Board partially granted your request by correcting your narrative reason for separation from “Personality Disorder” to “Secretarial Authority.” 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code and remove both of your NJPs.  The Board considered your contentions that your NJPs lacked sufficient evidence and that you were discharged unjustly. The Board acknowledged that you were properly diagnosed by the division psychiatrist for harming yourself and recommended for administrative separation.  In addition, the Board noted your misconduct after the diagnosis resulted in two NJPs and warranted a General discharge.  Finally, the Board found that the command properly notified you of pending administrative separation and you waived counsel, an administrative hearing, and the right to make a statement to the Separation Authority.  By doing so, you gave up your first, and best, opportunity to advocate for retention or a more favorable characterization of service.  The Board also noted that although you had been diagnosed with a personality disorder, the mental health professionals who evaluated you found that you were responsible for your actions.  Therefore, the Board concluded that the factors and contentions you asserted were not sufficient to warrant changing the characterization of your service, given your misconduct, which led to two NJPs and administrative discharge from the Naval 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. 

Sincerely,