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 28 May 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.  In addition, the Board considered the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 2 April 2020 and Director CORB letter 1910 CORB: 001 of 16 April 2020; copies of which were previously provided to you for comment. 
 
A review of your record shows that you entered active duty with the Marine Corps in September 1998.  You deployed to  in 2003 and served successfully until your discharge in October 2005 at the end of your obligated active service.  You provided a letter documenting that you inquired about Post-Traumatic Stress Disorder (PTSD) treatment services just prior to your discharge.  Post-discharge, you were diagnosed with PTSD and depression in 2012 and commenced therapy treatment.  The Department of Veterans Affairs (VA) rated you for PTSD later that year. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that you were unfit for continued naval service at the time of your discharge based on your inquiry for PTSD treatment prior to your discharge and your post-discharge PTSD diagnosis, treatment, and VA rating.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the 
advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 2 April 2020 and Director CORB letter 1910 CORB: 001 of 16 April 2020.  Specifically, the Board determined the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge.  First, despite the existence of evidence that indicates you may have been seeking information on PTSD treatment prior to your discharge, the Board found no evidence you were diagnosed or treated while on active duty.  When combined with the fact you were medically cleared to reenlist in the Marine Corps, the Board concluded insufficient evidence of an occupational impairment in October 2005 exists to support a finding that you were unfit for continued naval service.  Second, the Board noted you were not diagnosed and treated for PTSD for approximately six to seven years after your discharge from the Marine Corps.  This was additional evidence to the Board that, despite evidence your PTSD symptoms worsened over the years after your discharge, you were, more likely than not, fit for active duty in October 2005.  Finally, the Board did not find your VA rating probative on the issue of unfitness in 2005 since it was assigned approximately seven years after your discharge.  Additionally, the Board noted that eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated.  So 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, 
6/20/2020