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 on 30 July 2002 after reporting no mental health issue and being medically cleared for enlistment.  On 12 August 2002, you were diagnosed with preexisting Psychosis, Not Otherwise Specified, after being found wandering nude in the barracks.  You reported a preservice history of auditory and visual hallucinations and confusion in the recent weeks prior to commencing active duty.  Based on your diagnosis, you were recommended for administrative separation for erroneous entry.  On 3 September 2002, you were discharged for erroneous entry with an uncharacterized entry level separation.  Post-discharge, you commenced mental health treatment.  Eventually, the Social Security Administration (SSA) and Department of Veterans Affairs (VA) concluded you were disabled due to a Bipolar disorder.  A Board of Veterans Appeals decision granted you a 100% disability rating effective 23 March 2012 and noted that the SSA found you disabled effective November 2004. 
 
The Board carefully considered your arguments that your narrative reason for separation should be changed to disability based on your in-service diagnosis and the post-discharge disability findings of the SSA and VA.  Unfortunately, the Board disagreed with your rationale for relief.  In reviewing your record, the Board concluded the medical evidence supports the Navy’s decision to administratively separate you for erroneous entry.  Your medical history clearly documents that your mental health symptoms commenced before you entered active duty resulting in you becoming symptomatic within the first two weeks of basic training.  The Board concluded the preponderance of the evidence supports a finding that you suffered from psychosis symptoms prior to entering active duty and should not have been allowed to commence active duty based on your disqualifying mental health condition.  Had the Navy been aware of your mental health symptoms, the Board determined that you would not have been allowed to enlist or commence active duty.  Accordingly, the Board found the preponderance of the evidence supports your erroneous entry discharge.  The fact you were later determined to be disabled for your mental health condition by the SSA and VA did not persuade the Board that you were erroneously discharged for erroneous entry.  These disability determinations by outside government agencies are based on different regulations and statutes not applicable to the Navy.  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,