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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on  29 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 Marine Corps in June 2017 and were assigned to the in   In August 2018, you lost consciousness after being struck in the head by a heavy object and were treated for minor Traumatic Brain Injury (TBI).  As a result of your injury, you were placed on one day sick in quarters and later returned to full duty status.  In December 2018, you first reported symptoms of adjustment disorder and commenced treatment.  Your record shows that you were repeatedly counselled for poor performance throughout early 2019 and eventually diagnosed with an adjustment disorder on 11 June 2019 with a recommendation for administrative separation.  You were medically cleared for separation but your medical provider noted that you suffered a TBI incident in 2018.  After being counselled again for your inability to conform the required military standards, you were processed for administrative separation for condition not a disability and discharged on 3 October 2019.    
 
The Board carefully considered your arguments that you deserve a disability discharge based on your adjustment disorder symptoms and TBI.  You assert that you suffered from cognitive issues related to your TBI.  Unfortunately, the Board disagreed with your rationale for relief.  In reviewing your record, the Board found that you were diagnosed with two disability conditions: adjustment disorder and TBI.  An adjustment disorder is not a compensable disability condition under the military disability system and therefore does not qualify as the basis for a disability discharge.  Further, the Board concluded your TBI condition was not unfitting at the time of your discharge from the Marine Corps since you were medically cleared for separation.  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 … .”  In your case, your medical provider noted that there were no limitations to your separation after noting your previous TBI condition.  Based on this medical evidence, the Board concluded the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge.  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,