DEPARTMENT OF THE NAVY 
BOARO FOR CORRECTION OF NAVAL RECORDS . 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7160-15 

MAY 2 O 2011 


This is in reference to your application f or correction of your naval record pursuant to the provisions of 10 use 1552. 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2016. Your allegations of error and injustice were reviewed in accordance with administrative r egulations and procedures applicable to the proceedings o f this Board. Documentary mater ial considered by the Board consisted of your application, together with all material submitted i n s upport thereof, your naval record and appl i cable 
statutes, regulations and policies. 

A review of your record shows that you entered active duty with the ~avy in May 2013. on 5 January 2015, you we~e admitted to the Naval Medical Center Portsmouth and diagnosed wi th an adju~tment disorder. You were determined fit for duty but recommended for an administrative separation due to your adjustment disorder diagnosis. In March 2015, you were discharged due to .a condition not a disability. 

The Board carefully consi~ered your arguments that you deserve a disability discharge. You contend that your adjustment disorder was rated as a service connected disability by the Department of Veterans Affairs (VA) and that the VA does not recognizˇe your discharge as a disability discharge due to the designation of condition not a disability. Unfortunately, the Board did not agree with your rationale for relief. First, SECNAVINST l850.4E excludes adjustment di s orders as a ratable physical disability absent a ratable underlying causative disorder. Therefore you were ineligible to be referred to a medical board for the disorder without an e l igible underlying causat ive disorder. Second, the treating physician determined you were fit for duty, despite your condition, making you ineligible for a medical board. Third, the VA determines disability ratings based upon an eval uation of whether and how an individual's capacity to perform in the civilian world is diminished by a disability and without regard to fitness of duty or eligibility for the disability evaluation sys.tem. So the fact the VA determined your condition was ratable as a service connected disability is not dispositive of t he issue whether you were unfit for continued naval service due t o a ratable physical disability; a prerequisite to receiving a disability discharge. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. 

It is r egretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsi der its decision upon submission of new evidence within 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 
2