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

Docket No. 10385-19 
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. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 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.  

A review of your record shows you entered active duty with the Navy on 19 August 2019.  You were diagnosed with an adjustment disorder on 26 August 2019 and recommended for administrative separation.  On 29 August 2019, you were notified of administrative separation processing for condition not a disability.  After acknowledging your rights, you were eventually discharged on 9 September 2019 for condition not a disability with an uncharacterized entry level separation. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service. You assert that you developed your condition as a result of a service connected incident and a change will assist you in obtaining educational benefits.  Unfortunately, the Board disagreed with your rationale for relief. First, SECNAVINST 1850.4F requires a disability condition to be compensable under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) in order to be processed under the Disability Evaluation System. In your case, an adjustment disorder is not a compensable condition under the VASRD thus qualifying you for administrative separation for condition not a disability based on the medical determination it interfered with your performance of duties.  Therefore, the Board found the preponderance of the evidence supports your administrative separation for condition not a disability.  Second, the Board also determined you were properly assigned an uncharacterized entry level separation.  The Naval Military Personnel Manual directs service members in their first 180 days of continuous active duty service to be separated with an uncharacterized entry level separation.  While there are specific exceptions that allow the Secretary of the Navy to approve a characterized separation for a member that qualifies for an entry level separation, the Board found no unusual personal or conduct circumstances in your record to merit an exception to policy.  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, 



1/27/2020