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.    
 
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 18 March 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.   
 
The Board determined that your personal appearance, with or without counsel, would 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. 
 
A review of your record shows that you entered active duty with the Navy in June 1991.  On 2 October 1991, 29 July 1992, and 10 December 1992, non-judicial punishment was imposed on you for minor unauthorized absences and dereliction of duty.  As a result of your misconduct, you were administratively separated from the Navy on 31 December 1992 for pattern of misconduct with an Other than Honorable (OTH) characterization of service.  Post-discharge, the Department of Veterans Affairs (VA) assigned you a 30% disability rating for service connected disability conditions. 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service to Honorable.  You assert the VA determined you were misdiagnosed while on active duty.  Unfortunately, the Board disagreed with your rationale for relief.   
 
First, the Board concluded you did not qualify for a disability discharge on the basis of your misconduct related administrative separation that qualified for an OTH characterization of service discharge.  Applicable disability regulations directed misconduct related separation processing to supersede any disability processing.  As a result, the Board determined that you were appropriately processed and discharged for your pattern of misconduct even if you had provided evidence that you were unfit for continued naval service due to a qualifying disability condition at the time of your discharge.   
 
Second, the Board also concluded that your OTH characterization of service remains appropriate.  Despite your assertion that you were misdiagnosed, the Board found no evidence that you were not mentally responsible for the misconduct that formed the basis for your discharge from the Navy.  The Board also noted that you earned a final performance average of 2.7 at the time of your discharge and served only a relatively brief period on active duty.  Based on your misconduct and your performance, the Board determined the preponderance of the evidence supports a finding that your behavior constitutes a significant departure from the conduct expected of a member of the naval service and qualified for OTH characterization of service discharge.  In making this finding, the Board considered the fact you committed multiple acts of misconduct in a short period of active service with a below than average final performance trait.  While the Board also considered your VA rating, the Board felt this was insufficient mitigation evidence to merit upgrading your characterization of service.  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,