DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 4566-21  
Ref: Signature Date  
 

Dear , 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 7 October 2021. 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 in October 1987 and served without incident until 1991. Commencing in August 1991, you were seen by mental health after experiencing personality conflicts in your work center. Eventually, you were diagnosed with passive aggressive personality features but determined to be fit for duty. However, non-judicial punishment was imposed on you for assault in December 1991. The following month, you exhibited a suicidal gesture by ingesting aspirin. As a result, you were diagnosed with a personality disorder on 29 January 1992 and recommended for administrative separation. After being notified of administrative separation processing, you elected an administrative separation board in February 1992. Just prior to the administrative separation board, you were diagnosed with an adjustment and personality disorder on 27 April 1992. After the administrative separation board found misconduct and recommended your separation with a General characterization of service, you underwent a separation physical on 7 May 1992 that cleared you for discharge from the Navy. As a result, you were discharged from the Navy on 20 July 1992 for misconduct with a General characterization of service. In the years after your discharge from the Navy, the Department of Veterans Affairs (VA) rated you for a number of disability conditions including Paranoid Schizophrenia in 2005. This Board previously denied your request for an upgrade to your characterization of service in 1999 and 2016. In addition, your request to be placed on the disability retirement list was also denied by this Board in 2018 based on an advisory opinion that concluded insufficient evidence exists to support a finding that you were symptomatic for Schizophrenia at the time of your discharge from the Navy.
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list based on your post-discharge mental health diagnoses. You also argue that you are currently rated at 100% by the VA for your mental health condition. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion from your most recent case. Specifically, the Board found the preponderance of the evidence does not support a finding that you were unfit due to Schizophrenia, Post-Traumatic Stress Disorder (PTSD), or Depression at the time of your discharge from the Navy. While the Board took notice of your 100% VA rating for Schizophrenia from 2005, they were not persuaded by the evidence since your diagnosis for Schizophrenia did not occur until November 1997. In the Board’s opinion, too much time had elapsed between your discharge from the Navy and your Schizophrenia diagnosis to reasonably conclude that it also existed at the time of your discharge. In addition, the Board found the two mental health evaluations conducted contemporaneous with your active duty service to be persuasive evidence that you did not suffer from Schizophrenia, PTSD, or Depression at that time since two separate mental health providers did not diagnose you with any of the conditions. Therefore, the Board affirmed its previous decision to deny your request to be placed on the disability retirement list based insufficient evidence of error or injustice. 

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. 

In the absence of sufficient new evidence 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. 

Sincerely, 
10/12/2021