Docket No. 3659-19 
Ref: Signature Date 

Dear 

This is in reference to your application of 20 December 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found that 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, sitting in executive session, considered your application on 21 May 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.  In addition, the Board considered the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 1 April 2020 and Director CORB letter 1910 CORB: 001 of 10 April 2020; copies of which were previously provided to you for comment. A review of your record shows that you entered active duty with the Navy on 22 June 1998 and served a period of approximately 10 years which included several deployments to the onboard naval vessels.  You were discharged from active duty on 13 July 2008 and eventually reenlisted in the Navy Reserve.  You served the Navy Reserve until 25 October 2015 when you were discharged for unsatisfactory participation.  Post-discharge, the Department of Veterans Affairs (VA) rated you for Post-Traumatic Stress Disorder at 100% for incidents of trauma related to your active duty service. 

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list for your PTSD.  You assert that you were unfit for continued naval service based on your PTSD condition. Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 1 April 2020 and Director CORB letter 1910 CORB: 001 of 10 April 2020.  Specifically, the Board found insufficient evidence to support a finding that you were unfit for continued naval service due to your PTSD condition. 

In order to find a service member unfit for continued naval service, the member must be unable to perform the duties of their office, grade, rank, or rating due to a qualifying disability condition.  In your case, the Board relied on several factors in deciding the preponderance of the evidence does not support a finding of unfitness in your case.  First, there was insufficient evidence you were not able to perform the duties of your office, grade, rank, or rating based on performance evaluations that documented your performance throughout your career.  Throughout your active duty and Reserve career, you performed at or above fleet standards for your paygrade and rating despite the existence of your PTSD.  The Board noted you promoted to paygrade E-6 after your release from active duty and continued to receive promotion recommendations until you commenced your unauthorized absences that formed the basis for your discharge from the Navy Reserve.  Second, the Board considered your multiple periodic health assessments during your time in the Navy Reserve during which you reported no mental health issues and good health.  You were determined to be fit for commissioning as of 1 December 2014 when you were examined for a potential commissioning and you also reenlisted on 11 January 2015 with no health issues.  As of 6 June 2015, you reported no mental health issues and reported an interest in joining the .  In the Board’s opinion, this was strong evidence of fitness for active duty approximately five months prior to your discharge from the Navy Reserve.  The Board also noted that your June 2015 report of medical history was approximately seven months prior to your 100% disability rating from the VA.  Therefore, the Board did not find your 100% VA rating probative on the issue of fitness for active duty since it is contradictory to your June 2015 medical history assessment that documented no mental health issues and your contemplation of becoming a fire fighter; a career that would potentially expose you to danger and trauma on a regular basis.  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 the 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.