Docket No. 1645-20 
Ref: Signature Date 


This letter 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 that 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 12 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, as well as applicable statutes, regulations, and policies. 
A review of your record shows that you entered active duty with the Navy in December 2008.  On 19 May 2010, you were diagnosed with an adjustment disorder and returned to full duty status after a period of limited duty.  Based on your diagnosis, you were notified of administrative separation processing for a condition not a disability on 8 June 2010.  You were discharged on 29 June 2010 with an Honorable characterization of service.  Post-discharge, you assert that the Department of Veterans Affairs (VA) rated you a combined 80% for service connected disability conditions. 

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that your disability rating by the VA and inability to obtain full GI Bill benefits merits relief.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge.  In order to be found unfit, a service member must be unable to perform the duties of their office, grade, rank or rating.  In your case, you were returned to full duty status on 19 May 2010.  Since this was approximately 42 days prior to your release from active duty, the Board determined you were, more likely than not, fit for active duty at the time of your discharge from the Navy.  Second, the Board noted that you were diagnosed with an adjustment disorder.  Adjustment disorders are defined by disability regulations as a condition that does not qualify as a disability condition.  Since your adjustment disorder was not diagnosed as chronic and the medical evidence documented that your adjustment disorder would interfere with the performance of your duties, the Board concluded that you were appropriately discharged for condition not a disability at the convenience of the government.  Third, the Board determined your desire to qualify for full GI Bill benefits is insufficient reason to merit relief in your case.  In the Board’s opinion, the circumstances of your case are no different than the many similarly situated service members discharged with less than 36 months of service at the convenience of the government due to medical conditions not considered a disability.  The Board also considered that you already receive compensation from the VA for an 80% disability rating.  While the Board empathizes with your current medical condition, it 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 no probable material 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 the 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.