DEPARTMENT OF THE NAVY 

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

Docket No. 3995-17 

Dear , 

This is in reference to your application for correction ofyour 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 28 September 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 you entered active duty with the Navy in February 1999. In May 
2013, you were diagnosed with an adjustment disorder and received treatment to address the 
anxiety and depressed mood symptoms. You were hospitalized in June 2015 for a suicidal 
ideation and diagnosed with a bi-polar disorder. However, a medical board diagnosed you with 
major depressive disorder, dysthymia, post-traumatic stress disorder (PTSD), and panic disorder 
on 8 July 2016 before referring you to the Physical Evaluation Board (PEB). The PEB found 
you unfit for continued naval service due to dysthymic disorder with your depressive disorder 
and PTSD as related conditions. Your case was sent to the Department of Veterans Affairs (VA) 
that rated your Dysthymic Disorder at 10%. The PEB adopted the VA issued rating and you 
were discharged on 22 February 2017 with severance pay. The VA also rated your other service 
connected disabilities and rated you a combined 80%. 

The Board carefully considered your arguments that you deserve to be placed on the disability 
retirement list based on your service connected disabilities that earned a VA combined rating of 
80%. Unfortunately, the Board disagreed with your rationale for relief. The Board was unable 
to find any evidence that you suffered a significant occupational impairment as a result of your 
non-IDES referred conditions that were rated by the VA. While the VA rated you for a number 
of conditions other than your dysthymic disorder, none were addressed by the medical board or 
your non-medical assessment as conditions that created a sufficient occupational impairment to 
warrant referral to the PEB. Absent evidence that these conditions prevented you from 
performing the duties ofyour office, grade, rank or rating, the Board felt the PEB's findings 
could not be overturned. The Board also considered that 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. 

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