DEPARTMENT OF THE NAVY 

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

Docket No. 2095-16 

JUN 11 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 ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 25 May 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 of your 
application, together with all material submitted in support thereof, your naval record and 
applicable statutes, regulations and policies. In addition, the Board considered the advisory 
opinion contained in Director, Secretary ofthe Navy Council ofReview Board letter 5220 
CORB: 002 of3 April 2017; a copy ofwhich was provided to you for comment. 

A review ofyour record shows you entered active duty with the Navy in June 2000. You were 
first diagnosed with adjustment disorder in July 2009 but declared fit for full duty. You were 
again diagnosed with adjustment disorder on 14 June 2015 and recommerrded for administrative 
separation after expressing suicidal ideations and anxiety about returning to your assigned work. 
As a result, you were notified ofadministrative separation processing on 9 July 2015 and 
discharged, after acknowledging your rights, on 20 August 2015 for condition not a disability. 
Subsequent to your discharge, the Department ofVeterans Affairs (VA) rated you for a number 
of service connected disabilities including sleep apnea, bi-lateral Patellofemoral syndrome, 
headaches, post-traumatic stress disorder, and scoliosis. 

The Board carefully considered your arguments that you deserve a disability retirement based on 
the conditions rated by the VA. You assert that those conditions were unfitting at the time of 
your discharge and should have been referred to the Physical Evaluation Board. Unfortunately, 
the Board disagreed with your rationale for relief. In making their findings, the Board 
substantially concurred with the advisory opinion contained in Director, Secretary ofthe Navy 
Council ofReview Board letter 5220 CORB: 002 of3 April 2017. Specifically, the Board was 
unable to find sufficient evidence that would support a finding ofunfitness for continued naval 
service for any ofthe conditions rated by the VA. Despite the existence and treatment ofvarious 
conditions you assert were unfitting, your work performance convinced the Board that you 
suffered no substantial occupational impairment from those conditions. The fact you were able 
to promote to the pay grade ofE-7 and earn acceptable work performance evaluations up until 
your discharge, convinced the Board that your disability conditions did not prevent you from 
performing your military duties. As a result, the Board agreed with the opinion ofDirector, 
Secretary of the Navy Council ofReview Board that the likely outcome ofa Physical Evaluation 
Board review ofyour medical record would have resulted in a finding offit for continued naval 
service. 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 ofthe panel 
will be furnished upon request. 

It is regretted that the circumstances ofyour 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 ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director