DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 10698-19 
Ref: Signature Date 

Dear

This letter is in reference to your reconsideration request dated 10 October 2019.  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.
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2020.  The names and votes of the members of the panel will be furnished upon request. 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, relevant portions of your naval record and applicable statutes, regulations and policies. 

The Board carefully considered your arguments that you deserve to have your Physical Evaluation Board (PEB) findings changed to reflect your schizophrenia condition did not exist prior to your entry into the Navy.  You assert that you have been denied disability related benefits as a result of the PEB decision and there is no evidence you suffered from a mental health condition prior to entering the Navy.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded the preponderance of the evidence supports the PEB findings in your case.  Specifically, the Board noted that you provided a medical history of “seeing stuff for years” along with a history of auditory hallucinations since your teenage years.  In the Board’s opinion, this was strong medical evidence that you entered the Navy with preexisting schizophrenia, even though you may not have been symptomatic at the time of your enlistment, and your condition was not aggravated beyond its natural progression based on your history of hallucinations.  The Board also determined the reason no evidence of your schizophrenia exists on your Navy entrance examination is because you failed to disclose it.  The Board felt your failure to disclose a history of schizophrenia symptoms severely reduces any mitigation created by your loss of benefits since you likely did not meet Navy induction standards and were only able to enlist by reason of your omission.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.  

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. 

Sincerely,