DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 10598-18 Ref: Signature Date This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 19 March 2020. 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 your naval record, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 30 January 2020 and Director CORB letter 1910 CORB: 001 of 4 February 2020, copies of which were previously provided to you for comment. A review of your record shows that you entered active duty with the Navy in April 1991. You were seen for depression symptoms and suicidal thoughts in April 1996 but later determined to be fit for full duty in February 1997. You underwent a sleep study in November 1999, which noted you were experiencing depression symptoms at the time. In 2001, you underwent a sea-duty screening that did not note any mental health symptoms and cleared you for world-wide deployment. You subsequently injured your arm in a biking accident that resulted in your referral to the Physical Evaluation Board (PEB). You were found to be unfit for continued naval service due to your wrist condition and assigned a 10% rating. Based on the PEB’s findings in your case, you were discharged on 28 May 2003 with severance pay. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list due to depression, bipolar disorder, and a sleeping disorder. You assert that these conditions were also unfitting at the time of your discharge. Unfortunately, the Board disagreed with your rationale for relief. In making its findings, the Board substantially concurred with the advisory opinions. Specifically, the Board found insufficient evidence of unfitness due to a mental health condition or a sleep disorder. In order to be found unfit for continued naval service, a Service member must be unable to perform the duties of their office, grade, rank, or rating due to a disability condition. In your case, the Board determined that the preponderance of the evidence did not support such a finding for a mental health condition or sleep disorder. Despite evidence that you suffered from mental health symptoms and a sleep disorder while on active duty, the Board relied on your 2001 sea-duty screening in determining that neither of these conditions created a sufficient occupational impairment to merit a finding of unfitness for continued naval service. The Board also noted in your post-discharge Department of Veterans Affairs (VA) records that you performed similar duties in the civilian sector as your military duties. This was additional evidence that your sleep disorder and mental health symptoms were not unfitting conditions. Therefore, while the Board empathizes with your current medical condition, it determined that compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and are, instead, under the purview of the VA. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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, 3/27/2020