Dear   
 
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 19 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, 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 Marine Corps in March 1986.  You were diagnosed with passive aggressive personality disorder with antisocial features on 18 August 1986 and recommended for administrative separation.  It was noted that you suffered from headaches that were reactive to reduced stress and likely related to your personality disorder and adjustment issues.  On 27 August 1986, you were notified of administrative separation processing based on your personality disorder resulting in your discharge on 11 September 1986 with an Honorable characterization of service.  In October 1986, the Department of Veterans Affairs (VA) rated you for a condition of your nervous system at 10%. 
 
The Board carefully considered your arguments that you deserve to have your narrative reason for separation changed to disability.  You argue that you were unfit for continued naval service due to a neck injury incurred during basic training that caused headaches.  Unfortunately, the Board disagreed with your rationale for relief.  In order to find a service member unfit for continued naval service, there must be evidence that the member is unable to perform the duties 
of their office, grade, rank or rating due to a disability condition.  In examining your record, the Board found evidence that you suffered from headaches while on active duty but determined the preponderance of the evidence did not support a finding of unfitness due to the headaches.  The Board relied on the 18 August 1986 medical report which determined you were unsuitable for military duty based on your personality disorder and not your headaches.  The report stated that your headaches symptoms reduced when you were not in a military environment leading the Board to conclude it was not a permanent disability condition and likely related to your inability to adjust to the military environment.  Further, the Board noted you were not rated by the VA for headaches or a cervical condition upon your discharge.  These factors led them to conclude you were properly discharged for your personality disorder which is not considered a disability under military disability regulations.  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,