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.   
 
A review of your record shows that you entered active duty with the Navy Reserve in July 1981 with a preservice history of misconduct including extensive marijuana use.  You were counselled for wrongful use of marijuana on 7 December 1982 and had non-judicial punishment imposed on you for unauthorized absences in January 1983 and March 1983.  Based on your misconduct, you were notified of administrative separation processing on 29 March 1983.  You were discharged for misconduct on 8 April 1983 with a General characterization of service.  Post-discharge, the Department of Veterans Affairs (VA) rated you for epilepsy in February 2020 based on a finding that you suffered symptoms of a seizure disorder while on active duty. 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you were unfit for continued naval service at the time of your discharge from the Navy.  Unfortunately, the Board disagreed with your rationale for relief.   
 
The Board concluded you were ineligible for disability processing or a disability discharge based on your misconduct.  Disability regulations mandate that misconduct processing must superseded disability processing.  Therefore, regardless of your disability condition, absent evidence that you were not mentally responsible for your misconduct, the Board concluded you were properly processed and separated based on your history of misconduct.  While the Board empathizes with your current medical condition, they determined 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.   
 
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,