DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

Docket No. 618-20 
Ref: Signature Date 

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 April 2014.  On 13 April 2016, you were diagnosed with an adjustment disorder with depressed mood and recommended for administrative separation for convenience of the government based on a condition not considered a disability.  You were notified of administrative separation processing on 25 April 2016 and discharged on 1 July 2016 with an Honorable characterization of service.  Post-discharge, the Department of Veterans Affairs (VA) rated your adjustment disorder as a mood and alcohol abuse disorder with a 50% rating.
 
The Board carefully considered your arguments that you deserve a disability discharge from the Navy based on your VA rating.  Unfortunately, the Board disagreed with your rationale for relief.  SECNAVINST 1850.4E lists adjustment disorder as a mental disorder designated by the Secretary of Defense as a condition that does not constitute a disability condition.  While chronic adjustment disorder was later added as a qualifying disability condition in 2013, the Board found no evidence that you were diagnosed with a chronic adjustment disorder.  Your April 2016 diagnoses, which occurred after the 2013 policy change, specifically diagnosed you with an adjustment disorder vice chronic adjustment disorder.  So despite the VA’s decision to rate you for your diagnosed adjustment disorder, the Board concluded you were properly administratively separated for a condition determined not to constitute a disability condition based on Department of Defense policy.  The Board also noted that alcohol abuse is not a ratable disability condition under military disability regulations.  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,