DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
 
Docket No. 7536-15 
HAY 2 0 2016 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. Your case was reconsidered in accordance with procedures that 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 7 November 2013. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 
22 April 2016. 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, your naval record and applicable statutes, regulations and policies. However, after careful and conscientious consideration of the entire record, the Board determined that your case does not warrant relief. Accordingly, your request has been denied. 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 will be furnished upon request. 

The Board carefully considered your arguments that you were psychotic when you provided a statement admitting to your wrongful drug use in August 2011. You contend that an incorrect diagnosis of your bi-polar disorder led to you being prescribed medication that caused a psychotic episode; a condition that led to your wrongful drug use and admission. Therefore, you believe your misconduct and your admission should be discounted. Unfortunately, the Board disagreed with your rationale for relief. The Board determined that your condition may have been misdiagnosed while in the Navy, however, they were not convinced that your prescription of Ritalin caused a psychotic episode that led to your wrongful drug use. In making their determination, they closely examined your admission describing the events that led to your misuse of your prescription medicine. The Board felt that your admission was lucid and detailed, l eading them to conclude that you were mentally competent when you drafted your admission statement. Based on your ability to accurately describe t he events of 7-10 August 2011, the Board felt insufficient evidence exists t o show that you were not mentally responsible for your misconduct. Since you were responsible for your actions and sufficient evidence exists to support a finding of wrongful drug_use, the Board concluded that you were properly discharged for misconduct. Therefore, the Board determined that no error or injustice exists in your case despite a possible misdiagnosis of your current condition. 

It is regrettable that the circumstances of your case are such that the Board will not process any additional reviews and this matter is considered a final action. However, if you wish to continue to seek relief you will need to present your concerns to a federal court of appropriate jurisdiction. 
Sincerely, 

Executive Director 
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