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

Docket No. 5256-19 
Ref: Signature Date

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 10 October 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 July 2010. On 3 January 2012, you were diagnosed with an adjustment disorder with mixed emotional features and recommended for administrative separation. You were notified of administrative separation processing for condition not a disability on 22 February 2012 and acknowledged your rights.
You were discharged on 14 March 2012 for condition not a disability with an Honorable characterization of service. Post-discharge, the Department of Veterans Affairs (VA) rated you for your adjustment disorder with a 0% rating effective 15 March 2012. Your diagnosis was changed in 2016 to generalized anxiety disorder (GAD) and your assigned rating increased to 30%.

The Board carefully considered your arguments you deserve to be placed on the disability retirement list.  You assert the Navy violated its regulations by discharging you for a condition not a disability based on the VA’s decision to diagnose you for GAD with an assigned 30% disability rating. Unfortunately, the Board disagreed with your rationale for relief. First, the Board found no evidence supporting a finding that the Navy committed a regulatory violation by administratively separating you at the convenience of the government due to a physical or mental condition not considered a disability. You were diagnosed with an adjustment disorder, a condition not considered a disability under Department of Defense disability instructions, and recommended for administrative separation by qualified medical personnel. The fact the VA determined approximately four years after your discharge that you suffer from GAD did not convince the Board that you were misdiagnosed in 2012, especially since the VA also diagnosed you with an adjustment disorder in 2012. Absent medical evidence you were not suffering from an adjustment disorder in 2012, the Board concluded your administrative separation was authorized under applicable Navy regulations. Second, regardless of your diagnosis, the Board concluded that you would not have qualified for placement on the disability retirement list based on the relatively mild nature of your mental health symptoms in 2012. You were assigned a 0% disability rating for your adjustment disorder by the VA indicating to the Board your symptoms were mildly impairing and insufficient to meet the 30% statutory threshold for placement on the disability retirement list. The fact your mental health condition worsened to qualify for a 30% rating approximately four years later was determined not to be relevant for the purpose of military disability benefits since your eligibility for military disability benefits were based on your diagnosis and symptoms in 2012. 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,