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 August 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 active duty with the Navy in August 2004. You  were diagnosed with an adjustment disorder on January 2007 and recommended for administrative separation based on the occupational impairment caused by your disorder. On January 2007, you were notified of administrative separation processing for condition not a disability. You were discharged on with a General characterization of service. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability. You argue that you are unable to collect your full GI Bill education benefits due to your narrative reason for separation. Unfortunately, the Board disagreed with your rationale for relief. SECNAVINST 1840.4E specifically lists adjustment disorder as a condition not considered a disability by Secretary of Defense policy. MILPERSMAN 1910-120 lists adjustment disorder as a “physical or behavioral conditions which impair a member’s performance, but do not amount to a physical disability” and 
authorizes the administrative separation of service members diagnosed with the disorder at the convenience of the government. The Board found that you were properly diagnosed with an adjustment disorder and medically recommended for administrative separation based on the impairment caused by your disorder. Based on this evidence, the Board concluded the Navy properly discharged you for condition not a disability. The Board found that you were likely denied full GI Bill educational benefits based on your lack of qualifying service and not your narrative reason for separation and felt it inappropriate to change your narrative reason for separation to disability simply to allow you to qualify for Department of Veterans Affairs 
benefits you did not earn. Accordingly, the Board concluded insufficient evidence of error or 
injustice exists 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.