DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
 
Docket No. 7797-15 MAY 2 0 2016 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
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 for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2016. 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, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy on 27 May 2009. On 8 March 2011, you sought mental health treatment and were diagnosed with an adjustment disorder with anxiety and depressed mood. Due your condition and inability to adjust to the military environment, you were recommended for administrative separation. On 15 May 2011, you were discharged due to a condition not a disability. 

The Board carefully considered your arguments that you deserve a disability retirement. You contend that you were improperly discharged without referral to the Disability Evaluation System based on the fact the Department of Veterans Affairs (VA) issued you a 50% service connected disability rating for depressive disorder with anxiety. Unfortunately, the Board disagreed with your rationale for relief. First, the Board determined that you were not eligible for referral to a medical board based on your adjustment disorder diagnosis. SECNAVINST 1850.4E excludes adjustment disorders from the definition of a physical disability despite whatever occupational impairment it may cause a service member. Second, the Board was not convinced that you possessed a depressive disorder while you were on active duty. The fact the VA diagnosed you with the disability over two years from your discharge was insufficient evidence for the Board to make t he determination you possessed t he disorder in May 2011-. The Board felt too many potential intervening factors exist to be able to rely o~ a diagnosis made years after your discharge . Finally, the Boa~d w~s not convinced that, even if you did possess a depressive disorder, you were unfit for ˇcontinued naval service as a result. While there is evidence that you were having difficulty adjusting.to your military environment, no medical evidence exists to show that depression symptoms made you unable to perform the duties of your office, grade, rank or rating. 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 regretted that the circumstances of your case are such that favorabl e action cannot be taken. You are entitled to have the Board reconsider 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 correct ion of an official naval record, the burden is on the applicant t o demonstrate the existence .of probable material error or injustice. 

Sincerely, 

Executive Director