Docket No: 7276-19                          
Ref: Signature Date 
 

 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
  
Although you did not file your application in a timely manner, the statute of limitation was waived in accordance with the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo).  A three-member panel of the Board, sitting in executive session, considered your application on 4 January 2021.  The names and votes of the panel members 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, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). 
  
On 11 August 2003, you reenlisted in the Navy after serving over six years of prior honorable service.  On 10 April 2006, medical personal diagnosed you with depression and began treatment.  On 16 February 2007, you were found unsuitable for operational duty by Bureau of Naval Personnel, and your command was directed to administratively separate you from the Navy within 30 days, not including if you were referred to the Physical Evaluation Board for a disability determination.  On 6 March 2007, you were notified of administrative discharge action for “Convenience of the Government – Physical or Mental Condition.”  After being afforded your procedural rights, you waived your right to have you case heard before an administrative discharge board.  On 8 March 2007, your case was forwarded to the separation authority stating it was directed that you be separated from the Navy with an Honorable discharge due to “Physical or Mental Conditions.”  On 23 March 2007, you were honorably discharged from the Navy due to “Condition, not a disability.”  On 9 August 2010, the Navy Personnel Command notified you that your request to cancel your discharge and to be transferred to Reserve Retired Status was disapproved by this Board on 11 June 2010, and that you would retain your status as a former member of the United States Navy.   
  
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to your request to have your discharge changed to retired, in order to apply for a Reserve Retirement since you have over 20 years of qualifying service combined between active and Navy Reserve service, and your assertion that the Department of Veterans Affairs found that you have PTSD.  Additionally, you assert that there is an error based on a misdiagnosed condition and your unsuitability for deployment, and that no one counseled you, that if you had been put back in the Navy Reserve for just one day, you would be eligible for a 20-year retirement at age 60.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that you were properly discharged from active duty and are considered a former member of the United States Navy.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.  The Board advises that if you still believe you are eligible for a reserve retirement, you must submit your request to the Navy Personnel Command, 5720 Integrity Drive, Millington, TN 38055. 
 
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,