Docket No. 9172-19 
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 relevant portions of your naval record and your application, 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, sitting in executive session, considered your application on 16 July 2020.  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.  In addition, the Board considered the advisory opinion contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 15 May 2020 and Director CORB letter 1910 CORB: 001 of 26 May 2020; copies of which were previously provided to you for comment. 

A review of your record shows that you entered active duty with the Navy in March 2005.  In May 2006, you were the victim of an assault involving two other service members.  In April 2007, you reported to medical complaining of a depressed mood and unhappiness with submarine duty based on your failure to complete .  You were diagnosed with an adjustment disorder on 3 May 2007 along with Chronic Post-Traumatic Stress Disorder (PTSD) in remission.  You requested to be administratively separated on 7 May 2007 for your adjustment disorder and were discharged on 22 May 2007 for condition not a disability.  In 2012, the Department of Veterans Affairs rated you for PTSD at 100%. 

The Board carefully considered your arguments that your narrative reason for separation needs to be changed to disability with placement on the disability retirement list.  You assert that you would have qualified for a medical board had the Navy considered the trauma suffered in your May 2016 assault incident. Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions.  Specially, the Board found that you were not suffering from PTSD symptoms at the time of your release from active duty.  Medical records show that you reported PTSD symptoms due to childhood trauma that preexisted your entry into the Navy.  Further, just prior to your discharge from the Navy, you reported no PTSD symptoms for 6-8 months and improving mental health symptoms after your removal from the submarine.  Finally, the Board noted that you were medically cleared for full duty status on 3 May 2007 despite your adjustment disorder symptoms.  There was no finding that you suffered from a mental illness or that you were unable to perform the duties of your office, grade, rank or rating.  The Board concluded the preponderance of the evidence supports a finding that your PTSD condition was in remission at the time of your release from active duty and you were able to perform your military duties. It was only based on your request to be administratively separated that the Navy decided to release your from active duty.  Based on all these factors, the Board concluded you were appropriately separated for condition not a disability and did not meet the criteria for a disability discharge or retirement.  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.