Docket No. 3038-21 

 
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 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, sitting in executive session, considered your application on 17 June 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 and applicable statutes, regulations and policies.   
 
A review of your record shows that you entered active duty with the Marine Corps in February 1971.  On 22 June 1972, non-judicial punishment was imposed on you for unauthorized absence.  Non-judicial punishment was again imposed on you for unauthorized absence on 7 August 1972.  You were diagnosed with an immature personality disorder on 19 December 1972.  After another period of unauthorized absence in January 1973, you were notified of administrative separation processing for unsuitability based on your personality disorder diagnosis on 5 February 1973.  You were discharged on 12 March 1973 for unsuitability due to character and behavior disorder with a General characterization of service. 
 
The Board carefully considered your arguments that your diagnosis in the military should be changed to Bipolar Disorder and that you should be placed on the disability retirement list at your former paygrade of E-3.  You assert that you were misdiagnosed and discharged prior to experiencing a psychotic breakdown due to your Bipolar condition.  You feel that your paygrades were reduced based on your disability condition.  Unfortunately, the Board disagreed with your rationale for relief. 
 
In reviewing the evidence in your case, the Board found no medical evidence to support your assertion that you were misdiagnosed with a personality disorder.  You provided no medical evidence of your Bipolar Disorder or evidence that you were symptomatic in 1972.  Therefore, the Board relied on the 19 December 1972 immature personality disorder diagnosis in concluding that you were appropriately diagnosed and discharged for unsuitability.  Regarding your assertion that you would have suffered a psychotic breakdown due to your Bipolar Disorder condition, the Board was not persuaded by this argument.  The 19 December 1972 medical opinion states that maintaining you in the Marine Corps “could lead to a neurotic breakdown which would require a medical board and disability.”  In the Board’s opinion, this was consistent with the provider’s opinion that you suffered from an immature and fragile personality that was not suitable for the rigors of the Marine Corps and necessitated your immediate discharge.   The Board felt this was insufficient evidence to meet the standard of proof for a finding that you suffered from Bipolar Disorder symptoms that merited disability processing.  As a result, the Board determined that the preponderance of the evidence did not support changing your medical diagnosis or placing you on the disability retirement list. 
 
Regarding your request to be reinstated to the paygrade of E-3, the Board found insufficient evidence to support a finding that you were not mentally responsible for your misconduct.  Therefore, the Board determined you were appropriately punished for your two periods of unauthorized absence by reduction in paygrade on each occasion.  Absent evidence you were unaware of the consequences of your actions, the Board concluded your two non-judicial punishments should remain unchanged.  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, 
6/18/2021
Deputy Director