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 19 December 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 August 1985.  After you were diagnosed with depression in August 1992, a medical board referred you to the Physical Evaluation Board (PEB) on 18 November 1992 for Depressive Disorder.  On 17 December 1992, the PEB found you unfit for continued naval service for Depressive Disorder and assigned you a 10% rating.  You were discharged with severance pay from the Navy on 23 March 1993 pursuant to the PEB findings.  The Department of Veterans Affairs (VA) currently rates your service connected bipolar disorder at 100%. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that your VA rating of 100% substantiates the seriousness of your disability condition.  You also assert your condition may be related to drinking contaminated water at Camp Lejeune.  Unfortunately, the Board disagreed with your rationale for relief.  The Board determined the preponderance of the evidence supports the PEB assigned rating of 10% in your case.  The Board relied on two factors in making their determination.  First, your PEB record shows that your depressive disorder was not being treated with medication at the time of your discharge.  In the Board’s opinion, this was strong evidence on the minor nature of your depressive symptoms at the time of your discharge from the Navy.  Second, the Board also considered your attempts to reenlist in the Navy and enlist in the  National Guard as evidence that you believed that you were fit for active duty after your discharge.  The Board felt this was further evidence of the minor nature of your depression condition as late as 1996, when you attempted to enlist in the  National Guard.  Based on this evidence, the Board found that the preponderance of the evidence supports the PEB findings in your case.  The Board was not persuaded by your VA rating since it is not unusual for service connected disability conditions to worsen after a service member is discharged from active duty.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your requests for administrative changes to your request to list awards received while on active duty.  Your request is for an administrative correction which does not require action by this Board until you have formally requested a change to your record through the Navy.  You may submit your request to the Department of Navy, Navy Personnel Command (BUPERS), Code Pers-3C, 5720 Integrity Drive, Millington, TN 38055-3120.  If the Navy should deny your request, you may reapply to the Board with supporting evidence that a correction is required 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,