DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9479-19 Ref: Signature Date 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. 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 for Correction of Naval Records, sitting in executive session, considered your application on 9 January 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 Reserve in September 1973. On 18 April 1974, 23 May 1974, and 8 August 1974, non-judicial punishment was imposed on you for unauthorized absences totaling 70 days. You were diagnosed with a character disorder on 2 August 1974 and recommended for administrative separation. However, you were placed in pre-trial confinement for accessory to assault and suspicion of robbery on 13 August 1974. You signed a pre-trial agreement to waive your administrative separation board rights in exchange for a General characterization of service. As a result, you were discharged on 21 August 1974 for unfitness with a General characterization of service pursuant to your agreement with the Navy. On 17 January 1980, the Naval Discharge Review Board (NDRB) denied your request for an upgrade to your characterization of service and change to your reentry code. Subsequently, the Department of Veterans Affairs (VA) rated you for a number of service connected disability conditions at a combined 100% including bipolar disorder with psychotic features and alcohol and cocaine use disorders. The Board carefully considered your arguments that you deserve a disability discharge and upgrade to your characterization of service. You assert that you suffered a mental breakdown that contributed to your misconduct. Unfortunately, the Board disagreed with your rationale for relief. First, the Board applied liberal consideration in reviewing your case based on the documented mental health diagnosis evidenced by your VA rating for bi-polar disorder. Second, despite applying liberal consideration, the Board concluded that the preponderance of the evidence did not support a change to your narrative reason for separation or upgrade to your characterization of service. The Board concluded that there was no nexus between your active duty misconduct and post-discharge mental health diagnosis. Additionally, they found insufficient evidence to support your assertion of a mental health breakdown. The Board made its findings by relying on the 2 August 1974 mental health evaluation that diagnosed you with a character disorder vice a mental health condition. The evaluation determined your misconduct was related to your close relationship with your mother and not a mental health breakdown or condition as you allege. Additionally, the Board also relied on the 17 January 1980 NDRB report in which you were reported to have requested a change to your reentry code in order to potentially reenlist in the military. In the Board’s opinion, this was strong evidence that you were, more likely than not, fit for active duty in 1974 since you felt competent to reenlist in the military six years post-discharge. The Board determined the August 1974 mental health evaluation and NDRB report did not support a finding that you were unfit for continued naval service at the time of your discharge from the Navy for misconduct. Based on their finding that your misconduct was not the result of a mental health condition, the Board also concluded that you were properly processed for misconduct. Since you were properly processed for misconduct, the Board felt you already received the benefit of a pre-trial agreement when you were assigned a General characterization of service instead of a potential Other than Honorable characterization. Therefore, they determined your characterization of service remains appropriate, despite the application of liberal consideration, since you already received the benefit of mitigation. While the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the VA. 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. Sincerely, 1/13/2020