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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on  24 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. 
 
A review of your record shows that you entered active duty with the Navy in October 2010.  You served with distinction during your period of active duty and earned two Navy Achievement Medal and the paygrade of E5 before your discharge at the end of your obligated active service on 14 March 2020.  Post-discharge, the Department of Veterans Affairs (VA) rated you for a number of service connected disability conditions that resulted in a 70% combined rating.   
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that you discharge was unfair and procedurally defective since you were unfit for continued naval service at the time of your discharge.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In order to qualify for military disability retirement, a service member must be unfit for continued naval service due to a qualifying disability condition.  A member is unfit if they are unable to perform the duties of their office, grade, rank or rating.  In reviewing your record, the Board noted that you were diagnosed and treated for a number of disability conditions including sleep apnea and Irritable Bowel Syndrome.  You also allege military sexual trauma that resulted in Post-Traumatic Stress Disorder.  The Board considered whether any of these conditions created a significant enough occupational impairment to prevent you from performing the duties of your office, grade, rank or rating.  The Board concluded the preponderance of the evidence does not support such a finding.   
 
Your performance record shows that you consistently performed above fleet standards throughout your active duty service.  In examining your last three performance evaluations before your release from active duty, the Board noted your performance level increased steadily from 3.43 to 4.0 over your last three evaluations.  Additionally, you were recommended for early promotion on your discharge evaluation.  In the Board’s opinion, this was strong evidence that your disability conditions did not prevent you from performing your duties and that you were fit for active duty on the date of your discharge from the Navy.  The Board also considered that you were medically cleared to reenlist in the Navy.  This was additional evidence that led the Board to conclude you were fit for active duty at that time.  While the Board considered your VA rating, they 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, based on strong evidence that you were able to perform your duties in an exemplary manner despite your conditions, they determined your VA rating was not probative on the issue of unfitness.  Further, the Board considered that you were able to obtain employment as computer systems contractor overseas after your discharge.  This was further evidence of fitness for active duty considered by the Board in making their findings.  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.