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. 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 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 that you entered active duty with the Navy in September 2001. After a period of active duty that included service in a combat zone, you were eventually transferred to in 2012. After your transfer, you failed a series of Physical Fitness Assessments by failing to meet Body Composition Assessments (BCA). After failing your third BCA in 2013, you were recommended for a readiness waiver but denied by Commander, on 29 July 2013. As a result, you were notified of administrative separation processing on 10 October 2013 and acknowledged your rights. You were discharged on 15 November 2013 for weight control failure with an Honorable characterization of service. Post-discharge, the Department of Veterans Affairs rated you for a number of disability conditions including hemorrhoids, migraine headaches, and Post-Traumatic Stress Disorder (PTSD). The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You assert that you were unfit for continued naval service at the time of your discharge based on your VA assigned disability ratings. Unfortunately, the Board disagreed with your rationale for relief. In order to qualify for military disability benefits, a service member must be unfit for continued naval service due to a qualifying disability condition. Unfitness is defined as an inability to perform the duties of your office, grade, rank or rating due to the disability condition. First, the Board examined your performance leading up to your administrative separation for weight control failure and determined the preponderance of the evidence does not support a finding of unfitness. Specifically, the Board examined your last two performance evaluations ending on 15 March 2013 and 15 November 2013. In both of those evaluations, you were performing at or above fleet standards for your paygrade and rating except for your inability to maintain weight standards. In the 15 November 2013 evaluation, which was your last performance evaluation in the Navy, you were assigned a 4.0 for quality of work and 3.0 for personal job accomplishment. So despite your difficulties with your weight, the Board found that you were able to perform your assigned military duties well. In their opinion, but for your inability to maintain your weight within military standards, you could have continued on active duty. Second, the Board found no nexus between your VA rated disability conditions and your inability to maintain weight standards. Your VA ratings show that you were rated for hemorrhoids and migraine headaches upon your discharge from the Navy at 0%. Your PTSD condition was not rated until 2015, approximately two years after your active duty service. So it appeared to the Board that you were relatively asymptomatic for your disability conditions at the time of your discharge from the Navy. As a result, the Board found that the preponderance of the evidence does not show a nexus between your disability conditions and your weight gain. Third, the Board did not find your VA ratings probative on the issue of unfitness since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. 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.