DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6024-17 FEB O5 2018 Dear , This is in reference to your application for correction of your naval record pursuant to the provisions of 1O USC 1552. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute oflimitations and consider your case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 11January2018. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. A review ofyour record shows that you entered active duty with the Navy in . In , you commenced a series ofunauthorized absences through . You were psychiatrically evaluated on and after you were apprehended sniffing glue during one period ofunauthorized absence. On both occasions, you were determined not to be suffering from any mental illnesses. Similarly, a Sanity Board concluded you were not insane and mentally competent to stand trial by court-martial on . You were eventually discharged for the good ofthe service on resulting in an Other than Honorable characterization ofservice. According to your medical records, you began an extensive period ofpsychiatric hospitalization in due to your drug abuse and sniffing glue. You have a current diagnosis ofschizoaffective disorder. The Board carefully considered your arguments that your narrative reason for separation should be changed to disability since you were mentally ill at the time ofyour discharge from active duty. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded you were mentally responsible for your misconduct based on the Sanity Board findings that determined you were competent to stand trial for your misconduct. This led the Board to find that you were ineligible for disability processing even ifevidence ofmental illness existed at the time ofyour discharge. Second, the Board could not find evidence to support your assertion that you were mentally ill prior to your discharge. Three medical evaluations conducted the months leading to your discharge provided medical opinions that you were not mentally ill. In addition, your recent medical records provide a medical history that shows your mental illness manifested in just prior to your hospitalization at the facility. These pieces of medical evidence convinced the Board that you were not suffering from a mental illness at the time of your discharge. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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 ofprobable material error or injustice. Sincerely, Executive Director