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 3 September 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 opinion contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 29 June 2020 and Director CORB letter 1910 CORB: 001 of 13 July 2020; copies of which were previously provided to you for comment. 
 
A review of your record shows that you entered active duty with the Navy in March 2012.  After a brief deployment to , you completed a Post-Deployment Health Assessment that reported no mental health symptoms or exposure to combat and traumatic events.  Upon returning from deployment, you were seen by mental health on several occasions after complaining about your unhappiness with work and the Navy.  You were diagnosed with an adjustment disorder from December 2012 through February 2013.  In the meantime, you completed a Post-Deployment Health Reassessment where you again denied mental health symptoms related to your deployment.  Based on your adjustment disorder, you were discharged for condition not a disability on 7 March 2013.  Post-discharge, the Department of Veterans Affairs (VA) rated you for Post-Traumatic Stress Disorder (PTSD) at 70%.   
 
The Board carefully considered your arguments that you were misdiagnosed with an adjustment disorder and were unfit for continued naval service due to PTSD.  You assert that your VA rating substantiates your unfitness at the time.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions in your case. 
 
First, the Board concluded the preponderance of the evidence does not support a finding that you were unfit for continued naval service due to PTSD.  The Board found no diagnosis for PTSD while you were on active duty and noted that you reported no trauma related experiences from your deployment to  on two post-deployment health assessments.  In addition, the Board noted that your mental health symptoms were directly attributable to work environment issues along with general dissatisfaction with your decision to enlist in the Navy.  In the Board’s opinion, this supports the adjustment disorder diagnoses you received from three mental health providers leading up to your administrative separation from the Navy.  Based on the lack of evidence that you were diagnosed with PTSD or that the condition prevented you from performing the duties of your office, grade, rank or rating, the Board determined the evidence was insufficient to find you unfit for PTSD. 
 
Second, the Board considered your VA rating for PTSD but concluded it was not probative in determining your unfitness at the time of your discharge.  Based on your active duty mental health records, the Board found the evidence does not support the diagnosis or rating assigned by the VA.  But, more importantly, 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.  Therefore, the assignment of a service connection and disability rating by the VA, by itself, was determined to be insufficient to support a finding of unfitness.  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,