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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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.  
 
A review of your record shows that you entered active duty with the Navy in June 1999.  You were diagnosed with sleep apnea in 2003 and later recommended for a CPAP machine.  In September 2010, you were diagnosed with a panic disorder around the same time you failed to meet body fat standards in the Fall 2010 Physical Fitness Assessment (PFA) cycle.  In May 2011, you were diagnosed with depression as you failed to meet body fat standards for Spring PFA cycle.  As a result of your repeated PFA failures, you were administratively separated for failing to meet physical standards on 3 July 2012.  Post-discharge, the Department of Veterans Affairs rated you for generalized anxiety disorder and obstructive sleep apnea.  On 16 November 2014, the Naval Discharge Review Board denied your request to change your narrative reason for separation. 
 
The Board carefully considered your arguments that your narrative reason for separation should be changed to disability.  You assert that you weight gain was attributable to anxiety caused by your sleep apnea condition.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded the evidence supports the Navy’s decision to administratively separate you for failing to meet physical standards by your documented PFA failures.  While the Board agreed with your assertion that your mental health condition may have contributed to your inability to meet weight standards, they concluded that it did not excuse your failure to maintain weight standards.  The Board noted there was no evidence you were medically excused from meeting PFA standards despite ample evidence you were being treated by medical providers for your mental health symptoms and sleep apnea.  This convinced them that your medical providers did not believe that your medical symptoms were sufficient to waive you from the PFA or Navy weight requirements.  Further, the Board noted that you were never referred to a medical board by any of your medical providers.  This supported their finding that you were, more likely than not, fit for continued naval service despite the existence of your disability conditions.  The Board also relied on your 15 March 2012 performance evaluation that documented your ability to perform at fleet standards for your paygrade and rating.  The Board noted you were recommended for promotion and received positive performance comments despite failing the PFA.  This was strong evidence your command felt you were able to perform the duties of your office, grade, rank or rating less than three months from your discharge date.  Finally, the Board was not persuaded by the VA’s decision to assign you disability ratings since 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.  As explained previously, the Board found evidence of fitness based on your performance leading to up your discharge.  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.   
 
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 issue(s) 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.