DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1716-20 
Ref: Signature Date 

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 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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 31 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. 

You enlisted in the Navy and began a period of active-duty service on 27 July 2015.  Your evaluation for the period of 16 July 2016 to 6 February 2017 ranked you as “Must Promote” and noted your positive attitude, teamwork, and departmental impact.  On 22 January 2017, during the evaluation period, you received a psychiatric evaluation from medical; your records indicate that you had increasing anxiety related to routine Navy stressors.  On 11 February 2017, the Commanding Officer, USS  recommended that you be administratively separated and cited your January 2017 diagnosis of adjustment disorder with mixed anxiety and depressed mood.  You were discharged from the Navy in February 2017, on the basis of a Condition not a Disability, and received an honorable characterization of service and a reentry (RE) code of RE-3G.  
You request a disability discharge and cite your 15 December 2019 rating from the Department of Veterans Affairs (VA), which awarded you a 100% rating for a service-connected disability.  

The Board, in its review of your entire record and application, carefully considered your request and your contention that your VA rating impacts your discharge from the Navy.  The Board considered the VA rating, but noted that a VA rating is not dispositive in determining whether a disability discharge or medical retirement is warranted.  Additionally, the Board noted that SECNAVINST 1850.4 series provides that an adjustment disorder is among the Non-Compensable Medical Conditions, and therefore a disability determination with a compensable rating based on your diagnosis of adjustment disorder is not warranted under the applicable regulatory guidance.  The Board reviewed your administrative separation package as reflected in your record and determined that you were discharged without error or injustice.  The Board concluded that there is insufficient evidence to establish that you are entitled to a disability discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken on your other than honorable characterization of service for your final period of enlistment.  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,