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

Docket No. 2851-21 
Ref: Signature Date  

Dear, 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 20 May 2021. 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. 

The Board carefully considered your arguments for a change to your narrative reason for separation to disability. You assert that you were unfit for continued naval service at the time of your discharge from the Navy for commission of a serious offense and personality disorder. Specifically, you feel your back condition was unfitting. Unfortunately, the Board disagreed with your rationale for relief. The Board noted that you were previously denied by the Board in 2006, 2009, and 2018 before a partial grant of relief was made on 15 October 2020 by changing your narrative reason for separation to Secretarial Authority. You provided as new evidence a personal statement and resume documenting your post-discharge education and employment. 

In order to qualify for military disability benefits through the Disability Evaluation System with a finding of unfitness, a service member must be unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition. Alternatively, a member may be found unfit if their disability represents a decided medical risk to the health or the member or to the welfare or safety of other members; or the member’s disability imposes unreasonable requirements on the military to maintain or protect the member. In your case, the Board found no evidence that you met any of the criteria for unfitness due to your back condition. As pointed out in the 15 October 2020 Board decision, your military record documents that you were performing at or above fleet standards for your paygrade prior to your discharge. A performance evaluation ending on 15 July 2005 shows that you were assigned a 
3.33 trait average with a recommendation for promotion. The led the Board to conclude, but for your personality disorder diagnosis, you were physically qualified for continued active duty at the time of your discharge. Your superior performance was also one of the reasons why the Board changed your narrative reason for separation from misconduct to Secretarial Authority. Further, the Board noted that you continued to be successfully employed in the years after your discharge after a brief hiatus. This was additional evidence to the Board that you were, more likely than not, fit for active duty at the time of your discharge from the Navy. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
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, 
5/21/2021