DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6415-15 HAY 2 0 201& This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. Although your application was not filed i n a timeiy manner, the Board found it in the interest of justice to waive the statute of limi tations and -consider your case on i ts merits. A three-member panel of the Board for Correction of Naval Records, sitting in execut i ve session, considered your app licat ion on 1 April 2016. Your allegations of error and injustice were reviewed in accordance with ~dministrative regulations and procedures appli cable t o the proceedings of this Board. Documentary material considered py the Board consisted o f your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. A r e view of your record shows that you entered active duty with _the Marine Corps on 31 July 1978. On 29 August 19~were referred to the mental health department of Naval Hospital after jumping off the second deck of a building with a t-shirt tried around your neck and a railing. The mental health examination revealed no psychosis and you were diagnosed.with an immature personality and returned to training. On 5 September 1978, non-judicial punishment was imposed on for specifications of orders violations. The next day you were referred again to the Naval Hospital after expressing suicidal ideations. Again, the mental health examination revealed no _psychosis. As a result of your f ailure to successfully complete your basic training, you were discharged as a t rainee failure with an Honorable characterization of service. Subsequent to your discharge, in November 2006, you were determined to be 100% disabled due to a psychotic disability condition by the Department of Vetera!ls Affairs (VA}. Later in 2012, a VA psychological examination concluded that your psychosis, more likely than not, originated or was aggravated by your time with the Marine Corps . The Board carefully considered your arguments that you deserve a disability discharge or retirement. You contend the Marine Corps erred by discharging you as a trainee failure rather than for a psychotic condition that you believe existed prior to your discharge. Unfortunately, the Board disagreed with your rationale for relief. The Board concluded that you did not have a psychot ic disability condition prior to your discharge. It relied upon the t wo mental health examinations conducted at Naval Hospital Balboa on 29 August 1978 and 6 September 1978; both of which specifically found you did not show symptoms of a psychosis. The 6 September 1978 examination noted that you were alert, oriented, and cooperative as evidence you were not psychotic. The Board found those two examinations more credible t:;han the VA's opinion that was given more t han 30 years after you were discharged. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. Your request for a personal appearance before the Board has also been denied. The Board felt it had sufficient evidence to make a decision in your case and your presence was not required. The names and votes of the members of the panel wi ll be furnished upon request. 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 s~bmission of new evidence within one year from the date of the Board' s decision. New evidence is evidence not previously considered by the Board prior to .making i ts decision in this case. I n this regard, it is i mportant 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 t o demonst rate the existence of probable material error or injustice. Sincerely, Executiv.e Director 2