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 16 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 and applicable statutes, regulations and policies.   
 
A review of your record shows that you entered active duty with the Navy in September 1985.  In 1987, you reported suicidal ideations resulting in a dependent personality disorder diagnosis on 8 August 1987 and a recommendation for administrative separation.  You were notified of administrative separation processing on 14 October 1987 and medically cleared for separation on 28 October 1987.  On 30 October 1987, you were discharged for your personality disorder with an Honorable characterization of service.  You provided a letter from your mental health professional disagreeing with the Navy’s 1987 personality disorder diagnosis. 
 
The Board carefully considered your arguments that you deserve a change to your DD Form 214 narrative reason for separation.  You assert the DD Form 214 violates the Healthcare Insurance Portability and Accountability Act (HIPAA) by listing personality disorder as the basis for your separation.   Further, you allege the Navy misdiagnosed you with a personality disorder based on the 2019 mental health opinion you provided.   Unfortunately, the Board disagreed with your rationale for relief.  First, the Board determined the preponderance of the evidence supports your administrative discharge based on your personality disorder diagnosis.  Despite evidence that you are not symptomatic for a personality disorder in 2019, the Board concluded the personality diagnosis issued in 1987 was more credible since it was diagnosed by a psychiatrist, based on a medical history provided by you, and issued concurrent with a mental health evaluation contemporaneous with your symptoms at the time.  While the Board did not dispute the findings that you are no longer symptomatic for a personality disorder, they found the preponderance of the evidence supports the accuracy of the 1987 personality disorder diagnosis more than an opinion issued approximately 30 years after the diagnosis.  Second, based on their finding that you were accurately diagnosed with a personality disorder and discharged, they also concluded that you were properly issued a DD Form 214 that reflects personality disorder as the narrative reason for your discharge.  Regulations in effect at the time authorized your administrative separation for your personality disorder at the convenience of the government and allowed this basis to be placed on the DD Form 214 as the reason for separation.  Despite the passage of HIPPA on 21 August 1996, the Board found this law was not in effect at the time of your discharge and, therefore, did not prohibit placing “personality disorder” on your DD Form 214.  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.