DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2964-21 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 17 June 2021. 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 October 1979. Non-judicial punishment was imposed on you for marijuana possession on 28 November 1979 before you reported to the USS Lexington upon the completion of your initial training pipeline. On 15 July 1981, you went into an Unauthorized Absence status from the and missed ship’s movement until you were apprehended by civilian authorities on 21 September 1981. Upon your return to military control, you submitted a request to be discharged in lieu of trial by court-martial but were denied and returned to service. On 24 November 1981, you were diagnosed with an immature personality disorder after reporting family issues and an inability to adjust to military life. You subsequently went into another unauthorized absence status on 2 December 1981 until you surrendered to military authorities on 13 April 1982. You again submitted a request to be discharged in lieu of trial by court-martial which was approved on 3 May 1982. While your request was pending, you were diagnosed with an Atypical personality disorder with inadequate features. You were discharged on 21 May 1982 with an Other than Honorable characterization of service pursuant to your request. The Board carefully considered your arguments that you deserve a disability discharge based on a medical condition that existed at the time of your discharge. Unfortunately, the Board disagreed with your rationale for relief. In order to qualify for military disability benefits through the Disability Evaluation System with a finding of unfitness, a service member must be unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition. Alternatively, a member may be found unfit if their disability represents a decided medical risk to the health or the member or to the welfare or safety of other members; or the member’s disability imposes unreasonable requirements on the military to maintain or protect the member. In your case, the Board concluded the preponderance of the evidence does not support a finding that you suffered from a qualifying disability condition. Additionally, the Board determined you were ineligible for disability processing based on your misconduct that resulted in your Other than Honorable discharge for misconduct. Your record documents that you were twice diagnosed with personality disorders while on active duty. On 24 November 1981, you were diagnosed with an immature personality disorder followed by a diagnosis of an atypical personality disorder on 26 April 1982. Neither of these conditions are considered disability conditions under the disability evaluation system since they constitute developmental conditions excluded by Department of Defense policy. Further, even if there was evidence of a qualifying disability condition, the Board concluded that disability regulations precluded your eligibility from disability processing based on your misconduct based administrative separation that resulted in an Other than Honorable characterization of service. Those regulations directed misconduct processing to supersede disability processing. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 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, 6/18/2021 Deputy Director