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

Docket No. 9853-19 
Ref: Signature Date 

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 9 January 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.
 
A review of your record shows that you entered active duty with the Navy Reserve on 9 March 2013.  You were referred for a mental health evaluation on 19 March 2013 after expressing depression symptoms and diagnosed with acute reaction to stress and an adjustment disorder.  Two days later during a follow-up appointment, you were again diagnosed with an adjustment disorder.  In the meantime, you submitted a voluntary request to be dropped from training (DOR).  On 28 March 2013, you reported feeling better after submitting your DOR and requested a Not-Physically Qualified letter to expedite your discharge from the Navy.  You were subsequently cleared medically to separate from the Navy on 19 April 2013 before your discharge on 26 April 2013 for failing to meet medical/physical procurement standards.
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you were separated for a mental health issue incurred while on active duty as the basis for your request.  Unfortunately, the Board disagreed with your rationale for relief.  SECNAVINST 1850.4E paragraph 2016 specifically lists adjustment disorders as a mental disorder that does not constitute a physical disability under the military disability evaluation system.  While Department of Defense policy was changed on 16 July 2013 to include chronic adjustment disorder as a qualifying disability condition, the Board determined this occurred after your discharge. Further, the Board did not find evidence that you suffered from a chronic adjustment disorder.  There was no diagnosis diagnosing your condition as chronic and the Board noted that your condition commenced upon reporting for active duty and improved after you submitted your DOR.  The Board found this evidence supported your adjustment disorder diagnosis and not a diagnosis for a chronic adjustment disorder.  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,