Dear 

This is in reference to your application for correction of your naval record pursuant to Title 10, 
United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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 12 September 2019. 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. 

A review of your record shows you entered active duty with the Navy in November 2016. On 27 April 2018, non-judicial punishment was imposed on you for unauthorized absence and an orders violation. Non-judicial punishment was again imposed on you for insubordination and an orders violation on 8 June 2018. Based on your misconduct, you were notified of administrative separation processing for pattern of misconduct and discharged on 3 July 2018, with a General characterization of service. Post-discharge, you were treated for ployarticular arthralgia, with rash, and blurry vision symptoms on 21 October 2018, and eventually diagnosed with aspirational pneumonia, seizure disorder, and lupus in December 2018. 

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You argue that you were unable to function normally due to your lupus condition and suffered from depression due to body image issues caused by your alopecia condition. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded you were mentally responsible for the misconduct that formed the basis for your administrative separation for pattern of misconduct. While the Board noted that you were diagnosed with several disability conditions after your discharge from the Navy, they were unable to find a medical nexus between your diagnosed disability conditions and your misconduct. They found no evidence you were not mentally responsible when you committed the misconduct or that your 
disability conditions influenced your decision to commit the misconduct. Second, based on the Board’s determination that you were mentally responsible for your misconduct, the Board concluded you were ineligible for disability processing. Disability processing is superseded by misconduct processing under the disability regulations. Third, the Board found insufficient evidence you suffered from an occupational impairment as a result of a disability condition. Based on your performance evaluations, you were performing above fleet standards before you engaged in the misconduct that led to your administrative separation. Based on your performance history, the Board found you were more likely than not fit for active duty at the time of your discharge. 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 case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon 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 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 of probable material error or injustice.