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 3 December 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 on 22 September 1998.  On 2 November 1998, you were referred to mental health after displaying depression symptoms related to your possible light duty assignment.  Your medical history documents that you suffered from a childhood history of sexual abuse and mental health symptoms from age 9 until you enlisted in the Navy.  As a result, you were diagnosed with preexisting Post-Traumatic Stress Disorder (PTSD) and Depressive Disorder before being recommended for administrative separation.  After being notified of administrative separation processing, you were discharged on 12 November 1998 for erroneous entry with an uncharacterized entry level separation.  In 2017, the Department of Veterans Affairs (VA) assigned you a disability rating of 50% for Asthma and 10% for Patellofemoral Pain Syndrome.  In 2018, the VA assigned you a 20% rating for PTSD. 
 
The Board carefully considered your arguments that you deserve a disability discharge.  You assert that your VA ratings substantiate a finding that you were not enlisted in error.  Unfortunately, the Board disagreed with your rationale for relief.  In reviewing your record, the Board noted that you did not report any history of mental health symptoms on your entrance report of medical history.  As a result, you were medically cleared for enlistment despite your preexisting PTSD condition that was disqualifying for entry.  The Board concluded that the preponderance of the evidence supports your erroneous entry discharge from the Navy based on your medical history that shows extensive mental health symptoms from age 9 until your enlistment in the Navy.  In addition to the evidence that supports your erroneous entry discharge, the Board felt you could have easily been discharged for fraudulent enlistment based on your failure to disclose your extensive preservice mental health history.  In either case, the Board determined that you were ineligible for disability processing since you were not eligible for enlistment based on your preexisting PTSD condition.  The fact the VA subsequently chose to grant you service connections for disability conditions did not persuade the Board that you were not enlisted in error since the VA and Navy operated under different regulations and statutes.  Absent evidence that the VA considered the fact you were enlisted in error before assigning you a disability rating, the Board concluded your VA ratings were not probative on the issue of whether you were eligible for military disability benefits.  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,