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 29 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 as a commissioned officer with the 
Marine Corps in December 2002 after a previous enlistment with the Marine Corps Reserve. After reporting to your first command, you received an adverse fitness report based on substandard performance on January 2004. Your record shows that you were diagnosed with a Generalized Anxiety Disorder around that time that likely impacted your performance. You were transferred out of your unit to serve as until you were notified of administrative separation processing for substandard performance. You submitted a resignation request in lieu of separation processing which was approved on February 2005. You were discharged on February 2005 pursuant to your request. Post-discharge, the Department of Veterans Affairs (VA) rated you for anxiety at 50%. 

The Board carefully considered your arguments that your narrative reason for separation should 
reflect disability since you were discharged for your anxiety condition. Unfortunately, the Board 
disagreed with your rationale for relief. Specifically, the Board found no evidence of an error 
with your narrative reason for separation since you submitted a voluntary resignation request that 
was approved. Additionally, the Board noted that you were medically cleared to separate on January 2005 indicating that you were fit for continued naval service at the time of your discharge. Finally, the Board examined your fitness reports ending on July 2004 and October 2004 which showed you were ranked as a highly qualified Marine during those reporting periods. Your performance as Casualty Operations Center Liaison Officer improved as your neared your discharge date convincing the Board your anxiety disorder did not create a sufficient occupational impairment to merit a referral to the disability evaluation system. This evidence supported the medical determination of January 2005 that you were fit to be separated from the Marine Corps despite your anxiety condition. The fact the VA rated you for your anxiety condition was determined not to be probative to the issue of fitness for continued naval service 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. 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.