DEPARTMENT OF THE NAVY 
BOARDFOR CORRECTION.OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No: 6495-15 
KAY 'l ·O20'6 
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From: Chairman, Board for Correction of Naval Records 

To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD ICO 
 
Ref: (a) Title 10 U.S.C. 1552 
 
Encl: (1) DD Form 149 w/attacbJnents 
(2) Subject's naval record 

1. Pursuant to the provisions of reference {a) Subject, hereinafter referred to as Petitioner, filed enclosure {1) with this Board requesting, in effect, that the applicable-naval record be corre9ted to pl ace him on the disability retirement list. 

reviewed Petitioner's allegations of error and injustice on 29 April 2016 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidenqe of r ecord. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: 
a. B·efore applying to this Board, Petitioner exhausted all administrative remedies available under existing law ·and regulations within the Department of t he Navy. 

b. Petitioner suffered from chronic problems with his shins that led to a medical evaluati on board on 2 December 2014. He was diagnosed with bi-lateral stress fractures and post-traumatic stress disorder (PTSD) and referred to the Physical Evaluation Board (PEB) . 

c. On 3 February 2015, Petitioner was determined to be unfit for continued naval service due to his bi-lateral tibial stress fractures S/P Intramedullary Nail and Screw with residual pain. His PTSD condition was not considered unfitting. 

d. Petitioner's unfitting condition was rated by the Department of Veterans Affairs and his case was f inalized on 27 March 2015. The PEB ordered Petitioner discharged on 7 April 2015. 

e·. Petitioner remained on active duty awaiting discharge. While on active duty, he continued to be evaluated for his PTSD condition. 
 
f . On 27 April 2015, the Petitioner was medically determined to be psychologically unfit for full duty due to his PTSD. His access to weapons was restricted. This medical determination and restriction cont inued until Petitioner was discharged on 29 June 2015. 

CONCLUSION 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following partial corrective action. 
The Board determined that Petitioner provided sufficient evidence to show that he may have been unfit for continued naval service due to his PTSD condition prior to his discharge. Despite the fact the PEB properly determined that his PTSD condition was not unfitting prior to 27 April 2015 , Petitioner's PTSD condition appeared to material ly change prior to his discharge . The Board felt an inj ustice was created when Petitioner was di scharged despit e the apparent worsening of his PTSD condition as of 27 April 2015 . Accordingly, t he Board determined that hi s PEB case should be reopened anq r econsidered in light of the medical evidence from 27 March 2015 until his discharge from active duty. 

RECOMMENDATION: 
That Petitioner's naval record be corrected, where appropriate, to show that : 
a. Peti tioner did not accept the PEB's findings on 2 March 2015 and r equested reconsideration of t heir decision t o not find his PTSD condition unfitting. New evi dence for consideration is his military treatment record from 2 March 2015 through 29 June 2015. 

b. Petitioner's PEB case was not f i nalized on 27 March 2015 and he was not discharged on 29 June 2015. 

c . A copy of this Report of Proceedings will be filed in Petitioner's naval record. 
4. I t i s certified that quorum was present at the Board's review and deliberations, and that t he foregoing i s a t r ue and complete record of the Board's proceedings in the above entitled matter. 

5. Pursuant to the del·egation of authority set out in Section 6 {e) of the revised Procedures of t he Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e) ) and having assured compliance with its provisions, it is hereby announced that the. foregoing corrective action, taken under the authority of reference {a) , has been approved by the Board on behalf of the Secretary of the Navy. 

~ 
Executive Director 
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