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.  In addition, the Board considered the advisory opinion contained in Medical/Psychiatric Advisor CORB letter 1910 CORB: 002 of 23 November 2020 and Director CORB letter 1910 CORB: 001 of 11 December 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 March 2008.  In April 2014, you were involved in a motor vehicle accident that traumatized you and led to a Post-Traumatic Stress Disorder (PTSD) diagnosis.  As a result, you commenced several years of treatment that included a period on limited duty.  However, on 26 March 2018, you were returned to full duty status after you reported improvement of your symptoms.  In the meantime, a medical board referred you to the Physical Evaluation Board (PEB) on 8 June 2018 for testicular pain.  On 13 September 2018, the PEB found you unfit for continued naval service due to Right Ilioinguinal Neuralgia and assigned you a 20% rating based on a proposed rating from the Department of Veterans Affairs (VA).  You subsequently sought an addendum to your medical board for your PTSD from your mental health providers but was denied.  As a result, you accepted your PEB findings on 2 October 2018 resulting in your discharge from the Navy on 29 March 2019 for disability with severance pay.  In July 2019, you were hospitalized for suicidal ideations associated with large gambling debts, chronic pain, flashbacks, and stress related to inability to have children.  You were diagnosed with Major Depressive Disorder and PTSD. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that you were unfit for your PTSD in addition to your Right Ilioinguinal Neuralgia condition.  Conditions that were rated by the VA at more than 30% combined.  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 the preponderance of the evidence does not support a finding that your PTSD condition was unfitting at the time of your discharge. 
 
The Board considered the multiple medical opinions in your military record that document your PTSD condition did not merit a referral to a medical board.  Between 25-27 September 2018, you were seen by multiple mental health providers who all agreed that your PTSD symptoms were not sufficiently impairing to merit a referral to a medical board.  On 27 September 2018, your PTSD condition was diagnosed as “Resolving” indicating your condition was improving vice worsening.  The Board noted this was consistent with other previous PTSD diagnoses leading to your PEB and that you were removed from limited duty for your PTSD condition more than 12 months prior to your discharge.  After considering all of these factors, the Board concluded that the preponderance of the evidence does not support a finding that you were unfit for PTSD at the time of your discharge.  While the Board took into consideration your July 2019 hospitalization, they concluded the hospitalization was too far removed from your discharge to outweigh the medical opinions in your case.  Additionally, the Board noted that your primary stressor at the time of your 2019 hospitalization was not PTSD related but chronic pain.  Finally, the Board determined that your Right Ilioinguinal Neuralgia condition was properly rated by the PEB since it is bound by regulation to adopt proposed VA ratings in assigning a disability rating.  The Board found no evidence in your record to support a finding that the VA erroneously proposed a 20% rating in your PEB case.  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,