DEPARTMENTOFTHE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8285-20 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 4 February 2021. The names and votes ofthe 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 August 1991. After being dropped from “A” school for non-academic reasons, you were assigned to USS until 30 June 1993. During your time onboard USS , you earned a 3.8 trait average and performed well. You were assigned to USS upon your transfer and were discharged for a personality disorder on 28 July 1993. Post-discharge, your record documents that you worked for the Department of the Army but received treatment for a number of disability conditions including Post-Traumatic Stress Disorder. The Board carefully considered your arguments that you deserve to be placed on the disability retirementlist.Youassert that you were nevergivenan opportunity to be considered for a medical board prior to your discharge. 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 memberor to the welfare or safety of other members;or themember’s disability imposes unreasonable requirements on the military to maintain or protect the member. In your case, the Board found no qualifying condition for a referral to a medical board or finding of unfitness. Your military record documents that you were diagnosed and discharged for a personality disorder. A personality disorder was not considered a qualifying disability condition under the military disability regulations. Therefore, the Board concluded the preponderance of the evidence did not support your referral to a medical board or placement on the disability retirement list. While the Board considered your post-discharge disability conditions, the Board concluded they were diagnosed too distant in time to be probative on the issue of unfitness in 1993. Further, based on your superior performance leading up to your transfer to USS , the Board found no basis to conclude these post-discharge diagnosed disability condition impacted your ability to perform the duties of your office, grade, rank or rating. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You are entitled to have the Board reconsideritsdecision upon submission of new matters, which will require youto complete and submit a new DD Form 149. New matters are those not previously presentedto 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, 2/5/2021