DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1901
ARLINGTON, VA 22204-2490
TJIR
Docket No: 2426-14
13 April 2015
This is in reference. to.your application. for correction of your
naval record pursuant to the provisions of Title 16, United
States Code, Section 1552.
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 application on its merits. A .
three-member panel of the Board for Correction of Naval Fecords,
sitting in executive session, considered your application on 31 ©
March 2015... 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, your naval record, and applicable statutes, reguiations,,.
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps, began a period of active duty
on 9 August 1993, and served without disciplinary incident until
5 May 1996, when you received nonjudicial punishment (NUP) for
destroying government property, assault, and disobedience.
In January 1996, following a psychiatric evaluation, you were
diagnosed with a personality disorder and recommended for an -
administrative separation. You were counselled regarding your
personality disorder, immaturity, and disruptive behavior. Asa
result, you were not recommended for retention or. reenlistment
due to the diagnosed personality disorder and NJP.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to the diagnosed
personality disorder. The discharge authority directed an
honorable discharge by reason of convenience of the government,
and on 29 March 1996, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors; such as-
your desire to change your narrative reason for separation in |
accordance with the Health Insurance Portability and’ — ;
Accountability Act (HIPAA) Law, Privacy Rule. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your. case because of the diagnosed personality disorder -
-and your misconduct, which resulted in NJP. Finally, the Board:
noted that your narrative reason for separation as reflected on
your Certificate of Discharge or Release from Active Duty (DD
Form 214) is in no way in violation of the HIPAA Law, which
establishes standards to protect individuals’ medical records and
other personal health information, and applies to health plans,
health care clearinghouses, and those health care providers that |
conduct certain health care transactions electronically.
Accordingly; . your. application has been- denied. a
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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,
ROBERT J. O’NEILL
Executive Director
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