Dear   
 
This letter is in reference to your reconsideration request dated 15 July 2019.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.  
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 November 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.  Additionally, the Board considered the advisory opinion contained in Director, CORB letter 5220 CORB: 002 of 3 April 2017, a copy of which was previously provided to you for comment as part of your last application. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list under the liberal consideration policy.  You assert that you were unfit for continued naval service based on disability ratings received from the Department of Veterans Affairs (VA).  Unfortunately, the Board disagreed with your rationale for relief.  The Board again substantially concurred with the advisory opinion contained in Director, CORB letter 5220 CORB: 002 of 3 April 2017.  Specifically, despite applying liberal consideration to the facts of your case, the Board found insufficient evidence you were unfit for continued naval service due to disability conditions rated by the VA.  The Board noted you were diagnosed with adjustment disorder and administratively separated for convenience of the government based on a condition not considered a disability.  As pointed out in the advisory opinion, you were performing your duties well enough to be selected for Chief Petty Officer in the months leading to your adjustment disorder diagnosis.  So despite applying liberal consideration to your case, absent specific evidence that shows how the VA rated disability conditions prevented you from performing the duties of your office, grade, rank or rating, the Board felt the preponderance of the evidence did not support relief in your case.  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 reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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.