DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1364-20 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, sitting in executive session, considered your application on 19 March 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 September 2004. You were treated for mental health symptoms in 2006, resulting in your placement on limited duty. However, you were returned to full duty on 22 January 2007 with a diagnosis of depressive disorder, single episode, along with the limitation that you should not handle weapons. As a result, you were deemed unsuitable for operational duty and ordered processed for administrative separation for the convenience of the government. On 13 February 2007, you were notified of administrative separation processing and acknowledged your rights. You were discharged on 14 March 2007 for condition not a disability with an honorable characterization of service. After your discharge, the Department of Veterans Affairs (VA) rated you for major depressive disorder. The Board carefully considered your arguments that your narrative reason for separation should be changed to disability. You assert that your inability to handle weapons made you unfit for continued naval service. Unfortunately, the Board disagreed with your rationale for relief. In order to be found unfit for continued naval service, 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. In your case, the Board noted that you were found fit for full duty on 22 January 2007. This was strong evidence that you were fit for continued active duty. The fact you were deemed not suitable for operational duty due to your inability to handle weapons did not convince the Board that you were unfit. SECNAVINST 1850.4E provides that the “inability to meet screening criteria for a specific assignment or administrative requirement; i.e., deployment, overseas or sea duty assignment, or participation in PRT/PFT cycle, does not justify referral.” In the Board’s opinion, since you were medically cleared for full duty, the inability to screen for operational duty did not merit a finding that you should have been referred to the Disability Evaluation System or that you were unfit for continued naval service. Further, MILPERSMAN 1910-120 provides that the Navy “can direct separation processing under this article for any member who is not worldwide assignable due to a medical condition.” Therefore, the Board also found that the Navy had the authority to process you for administrative separation, based on your inability to screen for operational duty, if required by the needs of the Navy. While the Board empathizes with your current medical condition, it concluded that compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and are under the purview of the VA. 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 issues 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, 3/27/2020