DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 2539-21 

Dear  

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.   

Although you did not file your application in a timely manner, the statute of limitation was waived in accordance the 25 August 2017 guidance from the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 27 May 2021.  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, applicable statutes, regulations, and policies to include the 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations (Wilkie Memo). 

A review of your record shows that you entered active duty with the Navy in February 1994.  On 9 June 1994, you were diagnosed with an Adjustment Disorder and Personality Disorder with a recommendation for administrative separation due to your Personality Disorder.  Non-judicial punishment was imposed on you on 16 June 1994 for insubordination and assault but you were retained in the Navy after counseling.  However, you were later discharged from the Navy on 16 September 1994 in lieu of trial by court-martial after being medically cleared for separation.  Post-discharge, you diagnosed with a Bipolar disorder in 2008 and designated by the State of Maryland as a person with disabilities.  You provided a medical opinion from January 2021 that opines you were suffering from Bipolar Disorder at the time of your discharge. 

The Board carefully considered your arguments that you were unfit for continued naval service at the time of your discharge due to Bipolar Disorder. You believe that you deserve a change to your narrative reason for separation to disability due to your bipolar condition and an upgrade of your characterization of service to Honorable.  Unfortunately, the Board disagreed with your rationale for relief. 

In reviewing your case, the Board determined the preponderance of the evidence does not support the relief you request.  Specifically, the Board determined the best medical evidence in this case was the mental health diagnosis issued contemporaneously with your active duty service.  In the Board’s opinion, the medical diagnoses of Adjustment Disorder and Personality Disorder are more reliable since they were issued at the time of your active duty vice 14 years after your discharge.  The Board also considered your separation physical during which you reported to be in “good health.” As a result, the Board concluded that the evidence does not support a finding that you were symptomatic for Bipolar Disorder at the time of your discharge or unfit for continued naval service as a result of the condition.  Further, the Board considered the fact you were discharged for misconduct that took precedence over any potential disability processing.  Based on these factors, the Board determined your narrative reason for separation remains appropriate. 

Regarding your request for an upgrade to your characterization of service, the Board concluded no upgrade was merited.  Despite applying liberal consideration and the considering whether clemency was appropriate, the Board felt that the seriousness of your misconduct outweighed the mitigation evidence of your post-discharge Bipolar Disorder.  The Board found no evidence you were not mentally responsible for your misconduct and weighed your record of misconduct against only seven months of active service.    Based on these factors, the Board determined the weight of the evidence did not support upgrading your characterization of service.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

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, 
5/29/2021 

Deputy Director