Docket No. 5381-20
Ref: Signature Date


Dear 

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 15 October 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 December 1990.  While assigned to USS , you asserts exposure to traumatic events during rescue operations involving a Turkish destroyer and while involved in no fly zone enforcement.  Additionally, while working at the Pentagon, you assert you suffered additional traumatic exposure during anti-war demonstrations and after your friend was killed during the 9/11 attacks.  You were discharged on 15 January 1999 after completing your required active service obligation.  Post-discharge, you argue that your quality of life has deteriorated significantly due to service connected Post-Traumatic Stress Disorder (PTSD) that was assigned a disability rating by the Department of Veterans Affairs in 2017. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list for your PTSD.  You assert that you were unfit for continued naval service at the time of your discharge from the Navy due to your PTSD.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In order to qualify for military disability benefits through the Disability Evaluation System, a service member must be unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition.  In your case, the Board examined your performance leading up to your discharge from the Navy.  You received a performance evaluation on the date of your discharge from the Navy documenting that you were working as an Administrative Assistance for OPNAV N52 prior to your discharge.  You earned a 3.83 trait average and recommendations for promotion, sea duty, and reenlistment.  Your performance comments identified you as the primary administrative assistance for three work groups with various administrative responsibilities and described you as a valuable addition to any project that will be sorely missed.  In applying the criteria for unfitness, the Board determined the preponderance of the evidence does not support finding you unfit since you were performing well above fleet standards at the time of your discharge and were eligible for reenlistment.  In the Board’s opinion, your performance record documents that you were fully able to perform the duties of your office, grade, rank or rating extremely well despite any PTSD symptoms.  While the Board empathizes with your current medical condition, they felt compensation and treatment for your disability condition 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.   
 
Sincerely,