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 13 May 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. In addition, the Board considered the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 26 March 2021 and Director CORB letter 1910 CORB: 001 of 8 April 2021 along with your response to the opinions. A review of your record shows that you entered active duty with the Navy in July 2002 and served without incident until November 2017. On 16 November 2017, you struck a police vehicle while driving a government rental vehicle intoxicated and resisted apprehension. On 27 November 2017, you were admitted to Naval Medical and diagnosed with Diffuse Traumatic Brain Injury (TBI) with Loss of Consciousness of Unspecified Duration, Sequela, Neurocognitive Disorder due to TBI, with Behavioral Disturbance, and Generalized Anxiety Disorder. You were notified of administrative separation processing on 13 February 2018 and elected an administrative separation board. The administrative separation board found you committed misconduct and recommended your discharge with an Other than Honorable (OTH) characterization of service on 26 April 2018. In January 2019, a Nurse Corps Officer opined that your diagnosed condition contributed to your misconduct. This opinion and your command’s recommendation for your administrative separation was forwarded to Commander, Navy Personnel Command (NPC) for decision. As part of your administrative separation package, a medical opinion was provided by a Navy medical provider that your TBI did not contribute to your misconduct. As a result, your discharge was approved by NPC on 30 July 2019 resulting in your discharge from the Navy on 4 December 2019 with an OTH. Post-discharge, the Department of Veterans Affairs rated you for delusional disorder, unspecified anxiety disorder with depressive features, unspecified neurocognitive disorder and traumatic brain injury at 100%. The Naval Discharge Review Board denied your application for an upgrade on 31 July 2020. The Board carefully considered your arguments that you deserve a disability retirement or discharge based on your diagnosed TBI and the Navy’s failure to forward your case to Chief of Navy Personnel (CNP) for separation. You also argue the administrative separation board did not consider your TBI condition in adjudicating your case. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinions in your case. The Board agreed with your assessment that the Navy failed to process your administrative separation in accordance with MILPERSMAN 1910-704 since NPC acted as your separation authority instead of CNP. However, the Board determined this error was harmless in light of the medical determination from a medical professional that your TBI did not contribute to your misconduct. In the Board’s opinion, a referral to CNP would not have change the result of your administrative separation since it was determined that your TBI did not contribute to your misconduct. The Board determined the medical opinion provided as part of your command’s administrative separation package deserved more weight than the medical opinion issued in January 2019 since it was later in time and issued by an O-5 medical provider that was presumably more experienced than the O-3 who issued the first opinion. Therefore, the Board concluded your administrative discharge for misconduct remains appropriate despite the error in processing. Regarding your request for a disability retirement or discharge, the Board concluded the preponderance of the evidence does not support relief. Despite evidence that you suffered from a disability condition at the time of your discharge, the Board found no evidence that you were not mentally responsible for the conduct that formed the basis for your discharge. As pointed out in the advisory opinions, your disability conditions were likely developed in the context of your misconduct. Further, the Board relied on a performance evaluation issued the day prior to your misconduct in which you were assigned a 4.14 trait average and documented as the 4th quarter senior sailor of the quarter. Based on these findings, the Board determined you were mentally responsible for your misconduct and, therefore, ineligible for disability processing due to your misconduct based administrative separation that resulted in an Other than Honorable characterization of service. Disability regulations direct misconduct based administrative separation processing to supersede any disability processing. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 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, 5/14/2021 Deputy Director