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

Docket No: 8034-17 
MAR 04 2019 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 10 of the United States Code, section 1552. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 25 September 2018. The names and votes of the members of the 
panel will be furnished upon request. 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, relevant portions of the naval record, and the 
enclosed Advisory Opinion (AO) furnished by a Medical Service Corps officer dated 21 February 2018 
and applicable statutes, regulations and policies. 

The Board carefully considered your desire to remove the Department of the Navy (DON) letter 
1420/JAMP dated 27 April 2002 from your official military personnel file (OMPF) along with 
all related correspondence concerning your removal from the FYOl Captain Promotion List. In 
your application, you also requested retirement credit for the active duty days not served as a 
result of your involuntary separation from active duty. The requested time frame is from the date 
of your release from active duty, 17 July 2003 until your approval to enter the Active Reserve 
(AR), 31 January 2010. The Board also considered your contention that your diagnosis of 
obsessive compulsive personality disorder and subsequent diagnosis of adjustment disorder with 
depressed mood contributed to your inability to perform certain functions during the series 
commander orientation, which ultimately led to your removal from the FY01 Captain Promotion 
List. You also contend that you were not presented with your rights and/or basis for your 
removal from the promotion list, which did not afford you the opportunity to refute or provide 
evidence on your behalf. 

Your request was fully and carefully considered by the Board in light of the Secretary of 
Defense's Memorandum, "Supplemental Guidance to Military Boards for Correction of 
Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post 
Traumatic Stress Disorder" of 3 September 2014 and the "Clarifying Guidance to Military 
Discharge Review Board and Boards for Correction of Military/Naval Records Considering 
Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, 
Sexual Assault, or Sexual Harassment" memorandum of 25 August 2017. 

As part of the review process, a Medical Service Corps officer reviewed your assertions and 
issued an AO. The AO provided a detailed review of your service and medical history and an 
opinion regarding your assertion that a PTSD related disorder was a mitigating factor that 
contributed to your inability to perform during the series commander orientation. The AO opined 
that you did suffer from a service related disorder, specifically an in-service diagnosis of 
adjustment disorder with depressed mood. Your return from an overseas deployment and 
difficulty transitioning to a new position of responsibility are noted as factors that contributed to 
the diagnosis. Your disorder is indicative of behavioral symptoms in response to an identifiable 
stressor. In your case, the series commander orientation. This is supported by Dr. B' s statement 
that your "difficulty adjusting had more to do with a need to appear perfect in a situation in 
which you had not been adequately prepared." The symptoms ofan adjustment disorder 
dissipate once the stressor or its consequences have terminated and symptoms do not persist for 
more than six months. According to Dr. B "you quickly recovered and seemed ready to continue 
in your duties." Within four months of your initial appointment, you were placed in a full duty 
status. 

The AO further opined that based on the preponderance of the evidence, there is evidence to 
support your contention that you were suffering from a PTSD-related disorder (Adjustment 
Disorder with Depressed Mood), which might have mitigated your behavior. 

The Board consider the impact of the adjustment disorder on your inability to complete the series 
commander orientation. The Board was unable to determine if there was a past experience, 
event or circumstances that would have acted as a factor linking your disorder to PTSD. An 
adjustment disorder with depressed mood can exist without a being PTSD related. Once 
removed from the stress of the series commander orientation, your adjustment disorder appeared 
to be resolved and no longer impacted your performance. Hence, you went on to experience a 
successful career without further psychiatric care. 

The Board thoroughly reviewed the contents of the DON and Commandant of the Marine Corps 
documents that detail the circumstance and basis for decisions leading to your removal from the 
FYOl Captain Promotion List. The Board concluded that the documents provide a historical and 
permanent record of what occurred and decided it was not an injustice or error for the documents 
to remain in your OMPF. 

Regarding your request for additional retirement credit for the period of time you could have 
served on active duty. The Board determined that upon transfer to reserve status and acceptance 
of a reserve commission, you had three unsatisfactory years during which you had the 
opportunity to affiliate with a reserve unit and earn credit toward retirement points. The Board 
did not find evidence that you were not afforded the opportunity to refute or provide evidence on 
your behalf, therefore the Board could not substantiate your contention. 

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 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 of probable material error or injustice. 

Sincerely, 
 

 
Executive Director