DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No:4574-21 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 23 September 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 Navy in July 1993. While pending separation for misconduct, you were medically cleared on 3 September 1996 but diagnosed with alcohol abuse, adjustment disorder with depressed mood, and a personality disorder. On 10 September 1996, you were discharged for misconduct with a General characterization of service. Post-discharge, the Department of Veterans Affairs (VA) rated you for a number of disability conditions including Acquired psychiatric disorder to include depression and a lumbar strain. As of 2015, the VA determined you were Individually Unemployable. This Board previously denied your request for an upgrade to your characterization of service in April 2016. The Board carefully considered your arguments that you deserve a disability discharge. You argue that you were unfit for continued naval service due to a psychiatric disorder and lumbar strain at the time of your discharge. As a result, you believe that you should have received a disability discharge. You state that your discharge contributed to your homelessness after your discharge from the Navy and had a negative impact on your life. 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 no evidence that you suffered from a qualifying disability condition at the time of your discharge. Specifically, you record documents that you were diagnosed with alcohol abuse, adjustment disorder with depressed mood, and a personality disorder at the time of your discharge. None of these conditions were compensable conditions or qualified for a referral to the Disability Evaluation System. As a result, the Board determined the preponderance of the evidence did not support a finding that you were unfit for continued naval service at the time of your discharge. While the Board considered your post-discharge VA diagnoses, they noted that your ratings for your existing mental health condition and lumbar strain were issued many years after your discharge from the Navy. In the Board’s opinion, these ratings were issued too distant in time from your discharge to be able to reliably use them as evidence of your unfitness in 1996. Finally, the Board noted that you were administratively separated for misconduct that, more likely than not, would have disqualified you from any disability processing. Based on these factors, the Board determined your narrative reason for separation remains appropriate and should remain unchanged. Ultimately, while the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the VA. 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 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, 09/28/2021 Deputy Director