DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5634-19 Ref: Signature Date Dear This letter is in reference to your reconsideration request dated 25 May 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 10 October 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. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You assert that you were erroneously diagnosed with a preexisting psychotic disorder. Unfortunately, the Board disagreed with your rationale for relief. The Board considered the personal statements from you and your mother in denying the existence of a preexisting mental health condition prior to your entry into the Navy. However, the Board concluded the preponderance of the evidence still supports the Navy’s determination that your psychotic disorder was preexisting. The Board relied on the 25 August 2008 medical report in which you informed medical personnel that you suffered from a long history of auditory hallucinations and experienced panic attacks for years. In the Board’s opinion, this medical evidence is more credible than your submitted statements since personnel being treated for medical symptoms customarily provide truthful medical histories to their providers in hopes of receiving proper treatment for their conditions. Additionally, the Board found no credible reason for your medical providers to fabricate your medical history. Based on these factors, the Board found insufficient evidence of error or injustice to warrant a change to your record. 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 issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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 2