DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5905-19 Ref: Signature Date This is in reference to your application of 5 June 2019 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 that 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 2 December 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 26 September 1994. On 2 May 1996, you received non-judicial punishment (NJP) for unauthorized absence (UA). You were awarded restriction and reduction in rank (which was suspended). On 21 June 1996, you had a psychiatric evaluation. You were diagnosed with personality disorder with anti-social, borderline, and narcissistic features. The medical officer noted that your condition was not a mental illness, but rather a long-standing disorder of character and behavior that was severe enough to render you unsuitable for continued military service. He noted your history of suicidal and homicidal ideations and that you were not recommended to have access to a weapon, classified material, or a government vehicle. Subsequently, an administrative action to separate you from the naval service was initiated. You were afforded the your procedural rights and you waived them. Your commanding officer recommended that you be discharged with a general (under honorable conditions) characterization of service. On 3 July 1996, you were so discharged. You request that the Board upgrade your discharge to honorable. You assert your discharge is not valid because your DD Form 214 was “signed by a First Class YN but it can only be signed by an E-7 and above.” Additionally, you claimed your “WDOT is not listed.” Board requested you explain what you mean by” WDOT,” however, you did not respond. Lastly, you stated you attempted to have your record corrected in 1996, 2001, and 2013.” Board has no previous case filed by you. In support of your petition, you attached an email that read, in part: “My wartime duty days during Southern watch as well as my DD 214 being signed by a YN1 when only E-7 or above can provide legal documentation for these reasons I request my discharge to become honorable. Other vets such as myself should no longer keep falling through the cracks of the system that we go to war for.” The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge. Additionally, the Board found no error in the records. The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted, in good faith, in accordance with governing law and policy. Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 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.