Dear , 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. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 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 13 January 2020 and Director CORB letter 1910 CORB: 001 of 21 January 2020 along with your response to the opinions. A review of your record shows you entered active duty with the Navy in January 2001. During your period of active duty, you deployed to in support of detainee operations between January 2009 and May 2010. After your deployment, you were treated for insomnia and anxiety issues that culminated in January 2012 just prior to your release from active duty. You were released from active duty on 28 January 2012 and transitioned to the Navy Reserve after obtaining employment with the . In the meantime, the Department of Veterans Affairs (VA) rated you for generalized anxiety disorder, lumbar sprain, Pseudofolliculitis barbae, bilateral pes planus, left foot hallux valgus, right foot hallux valgus, allergic rhinitis, bilateral tinea pedis, onychomycosis, tinea versicolor of trunk, and acne vulgaris. You anxiety disorder was originally rated at 30% but later increased to 50% in 2014. The VA later rated you for migraines in 2016 at 0% but later increased your rating to 50% effective 22 June 2017. In April 2018, the Bureau of Medicine and Surgery (BUMED) determined you were not medically qualified for retention in the Navy Reserve based on your VA rated disability conditions. After you requested a Physical Evaluation Board (PEB) review of the BUMED finding, the PEB found you not physically qualified on 4 September 2018. You subsequently requested to be placed on the Retired Reserve list and were approved for 1 February 2019. In the meantime, you were approved for reasonable accommodations in your civilian position on 24 January 2019 and later granted a disability retirement on 15 April 2019 for anxiety due to high stress. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list based on your belief you were unfit for continued naval service for a disability condition incurred while on active duty. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 13 January 2020 and Director CORB letter 1910 CORB: 001 of 21 January 2020. Specifically, the Board determined that the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge from active duty. First, the Board relied on your 19 January 2012 mental health examination during which you requested to stop your medication due to “good” functioning. This occurred approximately 9 days prior to your release from active duty and was persuasive evidence that you were capable of performing the duties of your office, grade, rank or rating at that time. Second, despite evidence you commenced taking medication after your release from active duty, the Board found evidence of your civilian employment in the shipyard along with your positive performance in the Navy Reserve as evidence of continued fitness for active duty. In the Board’s opinion, you were able to meet fleet standards for your paygrade and rating through March 2018 based on your performance evaluations that showed a 3.29 trait average, positive performance comments, with a “must promote” recommendation. Since you were performing at fleet standards approximately six years after your release from active duty, the Board concluded you were, more likely than not, fit for active duty upon your release from active duty. Third, the Board was not convinced by your evidence that your civilian employment was impacted by your mental health condition since the work accommodation and eventual disability retirement occurred after the BUMED decision to find you not physically qualified. They felt this was consistent with a decline in your physical condition well after your release from active duty that was identified by BUMED. Fourth, the Board did not find the VA’s decision to rate you for migraines four years after your release from active duty persuasive evidence of unfitness in 2012. Additionally, the fact you initially received a 0% rating in 2016 indicated to the Board that your migraine condition, more likely than not, did not create a substantial occupational impairment as of 2016. While the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the VA. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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.