Docket No. 7420-19 Ref: Signature Date 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 relevant portions of your naval record and your application, 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. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 7 August 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. A review of your record shows that you entered active duty with the Navy in May 2000. Prior to enlisting in the Navy, he were hospitalized and diagnosed with Paranoid Schizophrenia and Psychosis in November 1997. You were hospitalized again in July 1999 and diagnosed with Schizoaffective Disorder, Bipolar Type. Neither of these hospitalizations or diagnoses were disclosed on your enlistment physical forms prior to you commencing active duty. After entering active duty and serving without incident for a couple of years, you were referred to mental health on 27 February 2003 after making homicidal statements. You reported your preservice mental health history at this time and were eventually diagnosed with a personality disorder and alcohol dependence. You were deemed psychologically fit for duty and referred to alcohol rehabilitation treatment. You completed rehabilitation treatment on 21 March 2003. In May 2003, you violated a Military Protective Order not to contact your wife and assaulted her. As a result, you were convicted by a Special Court-Martial on 25 July 2005 for an orders violation, assault, and communicating a threat. You were sentenced to eight months confinement, forfeitures, a reduction to paygrade E-1, and a Bad Conduct Discharge. On 4 September 2003, you were medically cleared to be released from active duty. You were discharged on 23 September 2004 with a Bad Conduct Discharge after your appellate review was complete. The Naval Discharge Review Board denied your request for an upgrade on 2 March 2011. The Board carefully considered your arguments that you were erroneously enlisted by the Navy and deserve a disability discharge along with an upgrade to your characterization of service. Unfortunately, the Board disagreed with your rationale for relief. First, the Board disagreed with your assertion that you were erroneously enlisted in the Navy due to your preservice mental health history. The Board found no evidence that you disclosed your mental health history to the Navy since you failed to list your preservice mental health treatments and diagnoses on your enlistment report of medical history. Based on this evidence, the Board concluded the preponderance of the evidence supports a finding that you fraudulently enlisted in the Navy. Second, the Board concluded you were not eligible for a disability discharge based on your misconduct and Bad Conduct Discharge. Disability regulations direct misconduct related processing to supersede disability processing. So even if you were unfit for continued naval service at the time of your punitive discharge from the Navy, the Board concluded you were properly discharged for your misconduct. However, the Board also noted that you were medically cleared for discharge on 4 September 2004. The Board determined this was additional evidence that you were fit for active duty just prior to your discharge and not eligible for a disability discharge. Third, the Board found that your Bad Conduct Discharge was supported by the evidence and concluded it should remained unchanged. In making their findings, the Board applied liberal consideration based on your preservice mental health diagnosis. Despite finding a possible nexus between your misconduct and your preservice mental health condition, the Board determined the severity of your misconduct outweighed the mitigation offered by your preservice mental health condition. The fact you intentionally violated a military order not to contact your wife and assaulted her while she was pregnant was determined to be extremely serious misconduct by the Board; a finding supported by your court-martial sentence. After weighing your mental health status at that time against the seriousness of your misconduct, the Board felt your Bad Conduct Discharge remains appropriate. Accordingly, 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 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. Sincerely,