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 7 January 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.   
 
A review of your record shows that you entered active duty with the Marine Corps in July 1984.  You commenced therapy for personal issues in 1985 but started to exhibit possible behavior disorder symptoms in July 1986 after being counselled for personal and financial issues on 30 June 1986.  As a result, you were recommended for administrative separation in August 1986 after being diagnosed with a personality disorder.  Post-discharge, you reported difficulty maintaining constant employment until 2007 when you were employed by  for approximately 10 years.  Medical records show that you were diagnosed by the Department of Veterans Affairs (VA) with Moderate-Major Depression in 2004 and Acute Stress Disorder, Major Depressive Disorder, Chronic PTSD, and Mood disorder by VA in 2019.  You provided a February 2020 civilian psychologist diagnosis for Depressive Disorder and Generalized Anxiety Disorder.  The opinion goes on to state that you have not been diagnosed with a personality disorder since your discharge and currently don’t suffer from one. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that you were wrongfully discharged after reporting abuse from your Staff Sergeant.  Unfortunately, the Board disagreed with your rationale for relief. 

In order to qualify for military disability benefits 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.  You argue that you were unfit for continued naval service based on your post-discharge diagnosis of Depressive Disorder.  The Board determined the preponderance of the evidence does not support a finding that you were unable to perform the duties of your office, grade, rank or rating in 1986.  In making this finding, the Board relied on your post-discharge employment record which included 10 years of employment with  during which you performed duties as a mortgage underwriter until 2017.  In the Board’s opinion, this was strong objective evidence you were capable of performing basic administrative duties associated with your 0151 MOS and E3 paygrade on the date of your discharge.  The fact you were employed by a major financial institution more than 30 years after your discharge and performing complex duties despite your years of depression symptoms led the Board to conclude the evidence of your recent mental health decline was insufficient to support a finding of unfitness in 1986.  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, 

1/11/2021
Deputy Director