DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
' 2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06930-07
6 May 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 May 2008. 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, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you served on active duty in the Navy from
20 November 1991 to 22 May 1992, when you were discharged by
reason of a personality disorder. The DD Form 214, Certificate
of Release from Active Duty, you were issued on that date
indicates in Item 28, Narrative Reason for Separation, that you
were discharged by reason of a personality disorder. The entry
was made as required by regulations then in effect, and is for
use by authorized agencies only. The current regulation
governing the preparation of the DD Form 214, BUPERS Instruction
1910.8B, also requires that the words “Personality Disorder” be
entered in item 28 when a Sailor is discharged for that reason.
Your belief that the entry in question may stigmatize you, and
that it represents a violation of the Health Insurance
Portability and Accountability Act of 1996, was considered
insufficient to warrant removing the words in question from your
DD Form 214. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request. ,
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 and
Material evidence or other matter not previously 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,
\s
W. DEAN F
Executive D tor
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