DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6885-20 Ref: Signature Date 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. 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 24 June 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 opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 26 April 2021 and Director CORB letter 1910 CORB: 001 of 30 April 2021; 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 August 2004. After being screened for alcohol dependence in July 2007, you completed inpatient alcohol rehabilitation treatment in December 2007. Subsequently, you performed without incident until your involvement in another alcohol related incident in 2010. During treatment, you admitted to preservice drug abuse and in-service Spice use. This resulted in your administrative separation processing for alcohol rehabilitation failure and drug abuse. You were eventually discharged for alcohol rehabilitation failure on 29 August 2011 with a General characterization of service. Post-discharge, you provided evidence that the Department of Veterans Affairs (VA) rated you a combined 100% in 2019. The Board carefully considered your arguments that your narrative reason for separation should be changed to disability or that you should be placed on the disability retirement list. You assert that you developed Post-Traumatic Stress Disorder (PTSD), Depression, and Alcoholism while on active duty and also suffered from Epilepsy. As a result of your disability conditions, you have been unable to work and possess a 100% rating from the VA. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinions in your case. In order to qualify for a disability discharge or retirement through the Disability Evaluation System with a finding of unfitness, 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. Alternatively, a member may be found unfit if their disability represents a decided medical risk to the health or the member or to the welfare or safety of other members; or the member’s disability imposes unreasonable requirements on the military to maintain or protect the member. In your case, the Board concluded that the preponderance of the evidence does not support a finding that you met any of the criteria for unfitness at the time of your discharge from the Navy. The Board relied on your last performance evaluation ending on 15 June 2010 that documented your superior performance that included a 3.86 performance trait average and a #2 Must Promote ranking out of 69 other E5s at your command. In the Board’s opinion, this was strong objective evidence that you were fully capable of performing the duties of your paygrade and rate despite the existence of any disability conditions. Additionally, the Board considered the fact that none of your medical providers felt your disability conditions created a sufficient occupational impairment to merit your referral to the Disability Evaluation System. Further, the fact you later relapsed into drinking alcohol and admitted to wrongful drug use did not convince the Board that you were incapable of performing your assigned duties as an E5 in the Navy or possessed a disability condition that created a danger to yourself or others, or that your disability conditions imposed unreasonable requirements on the Navy. Based on these findings, the Board agreed with the advisory opinion that there was a lack of evidence to support your assertions of unfitness. Finally, the Board was not persuaded by your VA rating since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. 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, 6/25/2021 Deputy Director