DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 917-18 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, the 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 14 March 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. In addition, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 002 of 29 January 2019 and your response to the opinion. A review of your record shows you entered service with the Navy Reserve in 1997. Between 2001 and 2006, you were recalled to active duty in support of Operation Noble Eagle/Enduring Freedom on three separate occasions. Your last period of active duty ended on 26 April 2006. You retired from the Police Department in 2007 and later became a practicing attorney until you were no longer able to practice due to cognitive issues. On 11 January 2012, you were found unfit for continued naval service by the Physical Evaluation Board (PEB) for Post-Traumatic Stress Disorder (PTSD) with panic disorder and depression as related diagnoses. You were placed on the Temporary Disability Retirement List (TDRL) as a result of the 50% rating issued by the PEB. On 11 August 2017, the PEB concluded you were still unfit for continued naval service due to your PTSD but lowered your rating to 10% after a formal hearing. Your Petition for Relief to Director Secretary of the Navy Council of Review Boards was denied after the formal PEB rationale was affirmed. As a result, you were removed from the TDRL and discharged from the Navy Reserve with severance pay. Throughout this process, the Department of Veterans Affairs (VA) issued you a number of disability ratings for service connected disability conditions such as PTSD and other Multiple Sclerosis (MS) related conditions. As of August 2013, your PTSD rating with the VA was at 70%. The Board carefully considered your arguments that you deserve a change to your PEB record. Specifically, you requested to have MS added as an unfitting condition, have your combined PEB rating increased to 40% requiring your placement on the disability retirement list, and having your case reopened by the PEB to reevaluate your MS condition. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion contained in Director CORB letter 1910 CORB: 002 of 29 January 2019. First, the Board concluded there was insufficient evidence to add MS as an unfitting condition based on lack of evidence you were symptomatic in 2012 when you were placed on the TDRL. Despite the VA’s presumptive finding that your MS condition was service connected based on the 2013 diagnosis, the Board agreed with the advisory opinion that there was no evidence of occupational impairment from MS in 2012. Second, the Board agreed with the rationale utilized by the formal PEB to lower your disability rating to 10%. It also relied on the medical opinion from 18 Jun 2015 that opined that the bulk of your cognitive issues were related to your MS condition vice PTSD. Most persuasive was your statement in the report which indicated your “PTSD symptoms and anxiety had paradoxically improved in the past few years as his (your) cognition had deteriorated.” In the Board’s opinion, this medical opinion fully supports the formal PEB decision that your cognitive issues were primarily MS related and your PTSD condition had improved. So despite the VA issued rating of 70%, the Board found strong contradictory medical evidence that supports the basis for the PEB to issue a different, lower rating. As a result of these findings, the Board concluded it was inappropriate to change your PEB findings and place you on the disability retirement list or reopen your PEB case for further review. Accordingly, the Board determined insufficient evidence of error or injustice exists to warrant a change to your record. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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, 3/18/2019 Executive Director Signed by: