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

Docket No. 4859-20 
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.
   
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 25 February 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.  In addition, the Board considered the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 17 December 2020 and Director CORB letter 1910 CORB: 001 of 7 January 2021; 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 February 1988.  You were placed on limited duty for knee pain in 1997 before being referred to the Physical Evaluation Board (PEB) on 12 March 1998 for Degenerative Joint Disease of right knee and Patellofemoral Pain of the left knee. On 3 June 1998, the PEB found you unfit for Degenerative Joint Disease of Right Knee, Status Post Multiple Arthroscopic Meniscal Debridement and assigned you a 10% disability rating.  After accepting your PEB findings, you were discharged with severance pay from the Navy pursuant to your PEB findings.  As of 9 February 2020, the Department of Veterans Affairs (VA) has rated you 70% for Post-Traumatic Stress Disorder (PTSD). 

The Board carefully considered your arguments that you should be placed on the disability retirement list.  You assert that your recently diagnosed PTSD substantiates that you were unfit for continued naval service for PTSD at the time of your discharge.  You feel the PEB failed to properly consider your PTSD condition since your Navy medical providers failed to properly diagnose your condition.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions in your case. 

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 the criteria for unfitness due to your PTSD condition.  The Board found no evidence you were diagnosed with PTSD or, more importantly, suffered from an occupational impairment due to your PTSD.  The Board took into consideration that you were evaluated by multiple medical providers while on limited duty and as part of the medical board process.  The fact none of the providers felt the need to refer you for a mental health condition was strong evidence that your PTSD condition did not create a substantial enough impairment to merit a referral to the PEB.  As a result, the Board concluded the preponderance of the evidence does not support a finding that your PTSD was unfitting at the time of your discharge from active duty.  Finally, the Board did not find your VA rating probative on the issue of unfitness since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. The fact your diagnosis and rating was issue years after your discharge from the Navy was an additional factor in theBoard’s determination that your VA rating was not persuasive evidence of unfitness.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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,