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 relevant portions of your naval record and your application, 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, sitting in executive session, considered your application on 3 September 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.  In addition, the Board considered the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 30 June 2020 and Director CORB letter 1910 CORB: 001 of 20 July 2020; copies of which were previously provided to you for comment. 
 
A review of your record shows that you entered active duty with the Navy in June 1972.  You were mentally evaluated in September 1972 but returned to full duty status.  The following year, non-judicial punishment was imposed on you in March, June, and July for unauthorized absences (UA), missing movement, and dereliction of duty.  As a result, you were recommended for administrative separation for substandard conduct and discharged on 16 August 1973 with an Other than Honorable characterization of service.  Your characterization of service was upgraded to General under Honorable conditions by this Board in August 1995.  Post-discharge, the Department of Veterans Affairs rated you for schizoaffective disorder that was initially rated at 30% but eventually increased to 100% in 2011.  You provided evidence that you were diagnosed with schizoaffective disorder as of 2000 but received outpatient medical treatment starting in 1975. 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you were suffering from schizoaffective disorder at the time of your misconduct and discharge.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions in your case. 
 
First, the Board agreed with the advisory opinions that the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge.  While the Board acknowledges you suffered some type of mental health incident in September 1972, you were not diagnosed with any mental health condition at the time and released back to duty where you served approximately several months before going UA and missing movement.  Additionally, you were medically cleared for separation on 8 August 1973.  This evidence led the Board to conclude you were, more likely than not, fit for active duty at the time of your misconduct and discharge from the Navy.  Finally, the Board determined that your post-discharge diagnosis for schizoaffective disorder in 2000 and VA ratings were too distant in time from your Navy discharge to be probative on the issue of unfitness for continued naval service.  Second, the Board concluded you were ineligible for disability processing due to your misconduct.  Since the Board found no evidence you were not mentally responsible for your misconduct, they determined you were properly processed for substandard conduct based on your record of three non-judicial punishments.  While the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the VA.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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.   
 
Sincerely,