Dear ,  
 
This letter is in reference to your 18 February 2020 reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  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.  Consequently, your application has been denied.  
 
A three-member panel of the Board, sitting in executive session, considered your application on 2 April 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.  
 
The Board carefully considered your request to change your narrative reason for separation to disability.  You assert that you would have qualified for a disability discharge had your mental health condition not been attributed to marijuana use.  You provided a 2015 diagnosis for schizoaffective disorder and unspecified anxiety disorder as evidence of a potential misdiagnosis.  Unfortunately, however, the Board disagreed with your rationale for relief.  The Board concluded that, regardless of whether you were misdiagnosed on your separation physical, you were not eligible for disability processing based on your pending court-martial charges and eventual administrative separation in lieu of trial by court-martial.  Based on the evidence, the Board concluded that you were mentally responsible for the misconduct that formed the basis for your court-martial charges and that you knowingly and voluntarily requested to be administratively separated in lieu of trial by court-martial.  Therefore, the Board determined that you were not eligible for disability benefits since disability regulations directed misconduct processing to supersede disability processing.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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.