Docket No. 5323-20
Ref: Signature Date


Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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     28 January 2021.  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.  Additionally, the Board considered the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 29 November 2020 and Director CORB letter 1910 CORB: 001 of 11 December 2020; copies of which were previously provided to you for comment. 
 
The Board carefully considered your reconsideration arguments that you deserve a change to your narrative reason for separation to disability.  You were previously denied by this Board on 4 June 2020.  You assert that you were erroneously discharged for your adjustment disorder despite being unfit for continued naval service due to a Schizoaffective Disorder and rely on your Department of Veterans Affairs (VA) rating of 100% as substantiation that you were unfit for continued naval service at the time of your discharge.  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 concluded that your Adjustment Disorder diagnosis was supported by the preponderance of the evidence based on a diagnosis issued contemporaneously with your treatment in August 2005.  While the Board considered your post-discharge diagnosis for Schizoaffective Disorder and the medical opinion you provided, the Board agreed with the advisory opinions that the preponderance of the evidence does not support a finding that you were unfit for that disorder based on a diagnosis issued approximately three years after your discharge.  Additionally, the Board did not find your VA rating persuasive since it was issued years after your discharge and 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.  The Board also noted your preservice history of mental health issues that included psychiatric treatment.  This evidence was considered by the Board in determining that no injustice exists in your case since you, more likely than not, entered the Navy without properly disclosing your prior mental health issues.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,