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 14 January 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 in February 2015.  After reporting to the  upon completion of your initial training pipeline, you were referred to Naval Medical Center  after engaging in suicidal ideation behavior.  On 7 November 2015, you were diagnosed with an adjustment disorder after being found fit for full duty and recommended for administrative separation based on the convenience of the government.  You were discharged for condition not a disability on 11 December 2015 with an Honorable characterization of service.  Post-discharge, you assert the Department of Veterans Affairs (VA) rated you a combined 100% for service connected disability conditions.  You provided a statement asserting that VA educational funds are being recouped from you based on lack of eligibility for 100% payment of funds. The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you were unfit for continued naval service at the time of your discharge for asthma, anxiety, and depression.  You rely on the your current VA rating to substantiate your unfitness upon your discharge from the Navy.  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.  In your case, the Board found insufficient evidence that you met any of the criteria for a finding of unfitness.  Your medical record documents that you were evaluated for placement on limited duty by Naval Medical Center but returned to full duty status despite your symptoms.  Additionally, your diagnosis of adjustment disorder did not qualify for referral to the Disability Evaluation System since it was not considered a compensable disability condition under the military disability regulations.  Finally, the Board did not find your assertions of a 100% VA rating probative on the issue of unfitness 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.   Therefore, based on these factors, the Board concluded the preponderance of the evidence does not support a finding of unfitness or a change to your narrative reason for separation to disability.  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, 

1/16/2021
Deputy Director