DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON. VA 22204-2490 Docket No. 5788-15 HAY 2 O 2016 Dear This is i n reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552 . Your case was reconsidered in accordance with new Board for Correction of Naval Records procedures t hat conform to Lipsman v. secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004} . You were previously denied relief by this Board on 26 September 2013. A three-member panel of t he Board for Correction of Naval Records, sitting in executive· session, ·considered your application on 25 March 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to t he proceedings of this Board. Documentary material considered l:!y the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable st atutes, regulations and policies. However, after careful and conscientious consideration of the entire record, the Board determined that while your request ·does contain new information not previously considered by the Board, ~pecifically a mental disorder report, it does not warrant relief. Accordingly, your request has been denied. The names and votes of the members of t he panel will be furnished upon request_ The Board carefull y considered your contention that you deserve a disability retirement due to a disability existing prior to your discharge in August 1979 . You contend that your mental condition was aggravated by your military service. Unfortunately, the Board did not agr ee with your rationale for relief. A review of your· mental disorder st atus report shows that you received extensive psychiatric treatment prior to your enlistment in the Navy. You were hospitalized on four occasions in 1977 and once immediately prior to your enlistment in 1979. This fact convinced the Board that your psychiatric condition pre-existed your service in the Navy. The fact you were discharged approximately one month into your enlistment and hospitalized immediately upon your discharge convinced the Board that . j you were suffering from your condition when you entered the Navy. Since the Board determined your condition was pre-existing, they concluded that a disability retirement was not warranted. It is regrett ed that the ci rcumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board r econsider its decision upon submission of new evidence within one year from the dat e of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. In this regard, it is important to keep i n 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. Si ncerely, Executive Director 2