DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 6297-15 

HAY 2 02016 


This is in reference to your application for correction of your-naval record pursuant t~ the provisions of 10 USC 1552. 
A three-member panel of the Board for Correction of Naval Records, sitting i n executive session, considered your application on 25 March 2016. Your a l legations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Boar d. Documentary material considered by the Board consisted of your application, together with all material submi tted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review of the .evidence you provided shows that you entered the Marine Corps in August 2002 and were discharged in September 2013 for a condition not a disability. You state in your application that you attempted suicide while in the Marine Corps. Subsequent to your discharge, you were rated for Depressive Disorder by the Department of Veter ans Affairs (VA) .and issued a 50% disability rating. 

The Board carefully considered your arguments that you deserve a disability discharge because of your service connected VA rating for depressive. disorder. Unfortunately, the Board disagreed with your rationale for relief . First, t he Board relies on a presumption of regularity to support the official actions of Department of Navy personnel and, in the absence of substantial evidence to the contrary, will presume t hat they have properly discharged their official duties. 

In your case, the Board was hampered by the lack of. records to substantiate your claim that the Marine Corps improperly discharged you for a condition not a disability. The fact the VA determined that you qualified for a service connect ed disability after your discharge is not dispositive of t he issue. So without the VA. records to review the basis for your Depressive Disorder diagnosis and associated disabilit y rating, the Board determined insufficient evidence exist s to find that an error or i njustice exists in your case. Accordingly, the Bo~rd was unabl e to find an error or inj ustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furni shed upon request . 

I t is regretted that t he circumstances of your case are such that favorable act ion cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new evidence withi n one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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, 

Executive Director