Docket No: 5643-19 Ref: Signature Date MR Dear Mr.: 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, sitting in executive session, considered your application on 20 July 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, and 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 its 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 Navy and began a period of active duty on 17 September 1974. You received nonjudicial punishment (NJP) on 6 February 1976, for a period of unauthorized absence (UA) from 27 December 1975 to 7 January 1976. You received a second NJP on 5 March 1976, for UA from 28 February 1976 to 1 March 1976. On 3 September 1976, Commanding Officer (CO), USS CANOPUS (AS 34) notified you of administrative separation proceedings against you on the basis of character and behavior disorder. Your CO cited your diagnosis of immature personality, and recommended that you be discharged for unsuitability. On 16 September 1976, you were discharged from the Navy and received a general characterization of service. Block 27 of your Certificate of Release or Discharge from Active Duty (DD Form 214) cites “Unsuitability- Personality Disorder.) In your petition to the Board, you request an upgrade to your discharge characterization to honorable, a change to your narrative reason for separation, and the issuance of a separation or medical retirement based on a condition or disability. You assert that you would like your discharge to reflect your personality disorder, and indicate that you should be eligible for a service-connected disability determination or medical retirement/discharge. The Board noted that your application for correction raises a potential issue of a medical condition or disability that you assert qualifies you for a medical discharge or retirement from the Navy. A review of your service record indicates that in the summer of 1976, you attempted suicide and were subsequently diagnosed with immature personality disorder. In a communication dated 23 July 2019, you were asked to provide additional medical or clinical evidence to support your claim. When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, and the “Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” memorandum of 25 August 2017. The Board, in its review of your entire record and application, carefully considered your claim of suffering from a medical condition or disability that mitigated your misconduct and qualified you for a military disability determination or medical retirement. With respect to your assertion that a mental health condition was such that you should have received an honorable discharge, the Board noted that your record reflected two NJPs and that your overall trait average was 3.04. The Board also noted that your general discharge is not an adverse discharge characterization, and your CO’s recommendation took into account your diagnosis of immature personality. Given the nature of your misconduct and your overall trait average, the Board found that the general discharge was issued without error or injustice. The Board also found that your current narrative separation reason was properly assigned based on the nature of your administrative discharge and that block 27 accurately reflects that your discharge was related to unsuitability due to personality disorder. With respect to your request for a disability determination/medical retirement, the Board noted that you were diagnosed with immature personality while you were in the Navy. SECNAVINST 1850.4 series specifies that personality disorder is among the Non-Compensable Medical Conditions, and therefore a disability determination with a compensable rating based on your diagnosis of immature personality is not warranted under the applicable regulatory guidance. The Board concluded that your current administrative discharge on the basis of unsuitability due to the diagnosed immature personality with a general characterization was issued without error or injustice, and that no corrective action is warranted. 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,