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

Docket No. 9045-19 
Ref: Signature Date 

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. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 January 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 you entered active duty with the Navy in May 2011.  You commenced mental health treatment in September 2015 after reporting symptoms of depression and anxiety.  You received in-patient care for anxiety and suicidal ideations in April 2018 resulting in a medical board referral in October 2018.  In the meantime, you submitted an unqualified resignation request on 15 August 2018.  The medical board referred you to the Physical Evaluation Board (PEB) for major depressive disorder and generalized anxiety disorder.  On 12 December 2018, the PEB found you fit for active duty.  After you requested a formal hearing, the formal PEB found you unfit for continued naval service due to your generalized anxiety disorder and assigned you a 0% disability rating.  Your major depressive disorder was determined not to be separately unfitting.  However, your resignation request was approved by the Navy resulting in your discharge on 31 July 2019.  Based on your discharge, your PEB case was terminated on 9 August 2019.   

The Board carefully considered your arguments that that you should be placed on the Temporary Disability Retirement List (TDRL).  You assert that the Navy improperly accepted your resignation and discharged you from active duty thereby preventing the PEB from placing you on the TDRL.  Unfortunately, the Board disagreed with your rationale for relief.  The Board found insufficient evidence to support your assertion that the PEB intended to place you on the TDRL.  Your PEB record documents that the PEB determined you should be assigned a 0% rating for your unfitting condition.  Since your proposed disability rating was below the 30% threshold for placement on the TDRL, the Board concluded the preponderance of the evidence does not support relief in your case.  Based on your proposed PEB rating, the Board determined that you would not have qualified for placement on the TDRL regardless of whether the Navy accepted your resignation request.  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, 


1/13/2020