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  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 September 2001.  You served as a Boatswain Mate during your Navy career without incident until your discharge on 27 September 2015 at the completion of your required active service.  Post-discharge, you obtained employment with the Defense Logistics Agency but were diagnosed with a number of disability conditions including Generalized Anxiety Disorder for which you received Department of Veterans Affairs (VA) disability ratings.  Your VA records document that you received extensive psychiatric treatment for your mental health condition in 2020 and require ongoing care for your conditions.   
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list for a variety of disability conditions that required treatment after your discharge from the Navy.  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.  The occupational impairment is measure at the time of active duty vice post-discharge.  In your case, the Board examined your performance leading up to your discharge from the Navy.  From 2013 through your discharge date, you received a performance evaluations that documented you were performing well above fleet standards for your paygrade and rate.  In your last performance evaluation, issued on the date of your discharge, you earned a 4.0 trait average and recommendations for promotion and reenlistment despite your high year tenure status.  Your performance comments identified you as an effective leader whose quality of work and devotion to duty exemplifies your Navy service.  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 recommended for promotion based on your superior performance.  Previous performance evaluations all document that you earned at least a 4.0 trait average on each occasion commencing in March 2013.  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 disability symptoms.  In addition, the Board noted that you were medically cleared for separation from the Navy.  The Manual of the Medical Department Chapter 15-20 requires separation examinations and evaluations for active duty members and states “comprehensive evaluations are conducted for the purposes of ensuring that Service members have not developed any medical conditions while in receipt of base pay that might constitute a disability that should be processed by the Physical Evaluation Board (PEB) and to ensure Servicemembers are physically qualified for recall to additional periods of active duty.  Thus, the standards for being physically qualified to separate are the same as those being qualified to continue active duty Service … .”  Since you were medically cleared for separation, the Board concluded this was additional evidence of fitness for active duty.  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.   
 
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,