DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7009-18 Ref: Signature Date Dear This letter is in reference to your reconsideration request dated 18 June 2018. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. Your current request has been carefully examined by a three-member panel of the Board, sitting in executive session on 23 September 2019. The names and votes of the members of the panel will be furnished upon request. Documentary material considered by the Board consisted of your application and all material submitted in support of your application. In addition, the Board considered the 30 April 2019 advisory opinion (AO) furnished by a qualified Navy mental health professional. You presented a statement explaining your discharge and mental health conditions as new evidence. You stated that you have a mental health issue that directly contributed to your discharge from service. You added that you have been diagnosed with bi-polar severe depressive disorder that began while on active duty. You explained that you were authorized to have three mental health visits while in service and your command denied further treatment beyond that, which contributed to the instability of your condition. Had you been provided the proper mental health care, you would have completed your enlistment honorably. You stated that you have received a 100 percent disability rating from VA. Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A qualified Navy mental health professional reviewed your request and provided the Board with an AO regarding your assertion you were suffering from mental health condition during your service. The AO stated that no post-service mental health treatment records were available for review. The military medical records available for review did not list a diagnosis of bipolar disorder. Absent additional treatment records, there was insufficient information to attribute a mental health condition to military service and insufficient information to attribute your misconduct to a mental health condition. Military medical records or post-service treatment records describing the your mental health diagnosis and symptoms and their specific relationship to your military performance are required for the AO to make a more informed opinion. It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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.