Docket No: 6267-19 
Ref: Signature Date           

Dear : 
 
This is in reference to your application of 12 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 25 November 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. 
 
You enlisted in the Marine Corps and began a period of active duty on 22 January 2007.  On 4 November 2007, you received non-judicial punishment (NJP) for underage drinking, drinking within eight hours of duty, and being drunk on duty.  You were awarded forfeiture of pay (which was suspended), restriction, extra duties, and reduction in rank to E-2.  You were advised that failure to take corrective action may result in administrative separation or judicial proceedings.  On 12 December 2007, you received a second NJP for violating liberty policy and reckless driving (89 mph in a 55 mph zone).  You were awarded forfeiture of pay, restriction, and extra duties.  On 5 January 2008, you had a psychiatric evaluation and were diagnosed with personality disorder.  You medical records noted that you were not considered mentally ill and you were responsible for your behavior.  The medical officer also noted you had adjusted poorly to the demands of military service, were unmotivated for continued military service and likely to negatively impact the unit if retained.  Lastly, it was noted that you were an immediate risk to harm yourself or others, and that you should not be allowed to handle weapons or engage in other potentially hazardous duties pending separation. 
 
On 18 February 2008, an administrative action to separate you from the naval service was initiated by reason of personality disorder.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended a general (under honorable conditions) characterization of service.  On 7 March 2008, you were offered, and refused a substance abuse rehabilitation treatment program.  On 18 April 2008, you were discharged with a general (under honorable conditions) characterization of service with the narrative reason for separation “personality disorder” and a separation code “JFX1.” 
 
You request that the Board change your narrative reason for separation.  You assert:  “I am not mentally ill.  I do not want to be listed with a history of mental illness that is not true.”  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 narrative reason for separation.  The Board noted that your medical documentation indicates that your condition is not a mental illness.  Additionally, the Board noted that you provided no evidence to support your contention.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 
 
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,