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 10 December 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 opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 28 September 2020 and Director CORB letter 1910 CORB: 001 of 15 October 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 February 1987.  You were placed on limited duty for depressive disorder in 1998 after ingesting Ibuprofen due to occupational stressors.  In November 1998, you were diagnosed with a Personality Disorder along with Depressive Disorder after a period of hospitalization.  After your referral to the Physical Evaluation Board (PEB), you were found fit for continued active duty in January 1999.  After being hospitalized on 19 January 1999, you were again diagnosed with a Personality Disorder along with Depressive Disorder and Anxiety Disorder.  Based on a reconsideration request you submitted, the PEB found you unfit on 18 February 1999 for Depressive Disorder and assigned you a 10% rating.  PEB notes indicate that your primary diagnoses are believed to be your Personality Disorder and Adjustment Disorder.  You were discharged from the Navy on 25 March 1999 with severance pay pursuant to your PEB findings.  Post-discharge, the Department of Veterans Affairs (VA) assigned you a 30% disability rating for Adjustment Disorder with mixed anxiety and depressed moods.   
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that the PEB erroneously rated your depressive disorder at 10%.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions in your case.  Specifically, the Board agreed with the advisory opinions that your Depressive Disorder was properly rated at 10% since your personality and adjustment disorders must be deducted from your VA assigned rating of 30%.  The Board noted that your two most recent hospitalizations resulted in Personality and Adjustment Disorder diagnoses.  Additionally, the Board considered the fact that your primary diagnosis from the VA was for Adjustment Disorder vice Depressive Disorder.  This diagnosis formed the basis for your 30% disability rating.  Therefore, the Board concluded that the preponderance of the evidence supports the PEB rating of 10% for your Depressive Disorder since your depression symptoms were included in the overall 30% VA rating for Adjustment Disorder.  Since your Depressive Disorder did not separately qualify for a disability rating of 30% or greater, the Board determined you did not qualify for placement on the disability retirement list.  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,