DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 2018-17 
OCT 09 2017 

Dear

This is in reference to your application for correction ofyour 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 oflimitations and consider your case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 31 August 2017. The names and votes ofthe members ofthe panel will be furnished upon request. 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, relevant portions ofyour naval record and applicable statutes, regulations and policies. 

A review ofyour record shows that you entered active duty with the Navy in July 1974. On 11 August 1977, you were diagnosed with situational maladjustment, reaction to adult life, severe based on depression symptoms you reported after your pregnancy was terminated. You were later seen in June 1978 after complaining ofcareer frustrations but did not receive any mental health treatment. Eventually you were discharged on 4 December 1978 due to pregnancy. You reenlisted in the Navy Reserve in April 1979 and served out your commitment until your discharge in April 1981. In July 2016, the Department ofVeterans Affairs (VA) issued you a disability rating for service connected major depressive disorder. Y <iu have also been diagnosed with Post-Traumatic Stress Disorder (PTSD) as of2015. 

The Board carefully considered your arguments that you deserve a disability retirement based on your PTSD and Major Depressive Disorder. You assert that your pregnancy termination in 1974 was so traumatic that it caused lifelong mental health problems substantiated by your VA disability rating. Unfortunately, the Board disagreed with your rationale for relief. The Board was unable to find sufficient evidence that you were unable to perform the duties ofyour office, grade, rank or rating prior to your discharge because ofPTSD or Major Depressive Disorder. In making their decision, the Board relied upon the 20 April 1979 entrance physical and report of medical history which indicated you did not suffer from any mental health symptoms. Additionally, the Board relied upon the lack ofiny medical documentation related to mental health after your June 1978 consult. The fact you were awarded a VA disability rating and PTSD diagnoses approximately 40 years after your discharge was not considered probative to the Board since it was too far removed from your discharge. Further, eligibility for compensation and pension disability ratings by the VA is tied to the establishment ofservice 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. 

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 of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 
 
Executive Director