Docket No. 8492-18 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 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. 

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 for Correction of Naval Records, sitting in executive session, considered your application on 21 March 2019.  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. 
  
A review of your record shows that you entered service with the Navy Reserve in October 2004. You served successfully on active duty through 2010 and were eventually released from the Navy Reserve on 5 October 2013. 

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list due to your “combat-related injuries.”  You assert that you suffered from psychiatric issues prior to your discharge from the Navy that have not improved since the end of your military career.  You finally argue that you deserve credit for serving honorably and “bearing the wounds of war.” Unfortunately, the Board disagreed with your rationale for relief. In order for a service member to be placed on the disability retirement list, they must be unable to perform the duties of their office, grade, rank, or rating as a result of a qualifying disability condition.  In your case, the Board examined your performance history up until 15 March 2010.  What the Board found was that your performance was steadily improving from 15 June 2006 through your 15 March 2010 performance evaluation.  Between 2005 and 2010, your performance trait average increased from 3.17 to 3.86 with promotions from E3 to E5.  In the Board’s opinion, this was strong conclusive evidence that you were fit for active duty despite any mental health conditions that may have existed while you were on active duty.  Absent evidence that contradicts the evidence that you were performing well above fleet standards for your paygrade and rate, the Board decided there was insufficient evidence to find you were unfit for continued naval service.  Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record. 

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 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,