DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

Docket No. 11166-16
AUG 12 2017

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 July 2017. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour 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 in July 2013. You were diagnosed with an adjustment disorder on 21 January 2015 and recommended for administrative separation on 29 January 2015. After being notified of administrative separation processing on 20 February 2015, you acknowledged your rights and were discharged on 17 March 2015 for condition not a disability. In June 20 16, the Department of Veterans Affairs (VA) issued you a combined rating of 40% for adjustment disorder (30%) and tinnitus (10%). 

The Board carefully considered your arguments that you deserve a disability discharge based on the service connected disabilities rated by the VA. Unfortunately, the Board disagreed with your rationale for relief. Department ofDefense and Department ofNavy disability guidelines specifically exclude adjustment disorders from the definition of a qualifying disability. Therefore the Board concluded that your adjustment disorder did not qualify for referral to the Disability Evaluation System based on applicable service regulations. Additionally, the Board was unable to find any evidence that supported a finding that your tinnitus condition created a substantial occupational impairment warranting a medical board. The fact the VA determined you qualified for a service connected disability rating for tinnitus was not persuasive to the Board 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. 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 ofthe members of the panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, 

Executive Director