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 December 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 in March 1984.  After having non-judicial punishment imposed on you for assault, disrespect, and an orders violation in July 1985, you were diagnosed with a personality disorder on 17 July 1985.  Following another non-judicial punishment for disrespect and orders violation that same month, you were again diagnosed with a personality disorder in August 1985.  On 29 August 1985, a third non-judicial punishment was imposed on you for wrongful use of marijuana, disrespect, and an orders violation resulting in your administrative separation processing.  You were discharged for your misconduct on 8 October 1985 with an Other than Honorable characterization of service.  You assert that you underwent psychiatric hospitalization shortly after your discharge.  Medical records you provided document that you were diagnosed with paranoid schizophrenia by 2013 with treatment through at least 2018. 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and upgrade to your characterization of service.  You argue that you were suffering from some form of Post-Traumatic Stress Disorder (PTSD) and self-medicated with marijuana.  Unfortunately, the Board disagreed with your rationale for relief.  In reviewing your record, the Board found no PTSD diagnosis or diagnosis for a compensable disability condition.  On two occasions in 1985, you were diagnosed with a personality disorder; a condition that is not compensable under military disability regulations.  Further, the fact you were diagnosed with schizophrenia after your discharge did not persuade the Board since you were ineligible for disability processing by virtue of your misconduct that qualified for an Other than Honorable characterization of service.  Finally, despite applying liberal consideration, the Board concluded that the mitigation created by your post-discharge mental health condition was insufficient to overcome the seriousness of your active duty misconduct.  The Board noted that you committed multiple offenses within a two-month period that qualified for a punitive discharge under the Uniform Code of Military Justice.  Your offenses were of the type that were severely detrimental to good order and discipline. Therefore, the Board concluded your characterization of service remains appropriate.  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 issues 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,