DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11172-16 MAR 12 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) Subject's naval record 1. Pursuant to.the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to place him on the disability retirement list. 2. The Board, consisting of , reviewed Petitioner's , and allegations oferror and injustice on 15 February 2018 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofthe enclosures, relevant portions ofnaval records, and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinions contained in Senior Medical Advisory CORB !tr 1910 CORB: 002 of6 Nov 2017 and Director CORB ltr 1910 CORB: 001 of7 Nov 2017 along with the rebuttal evidence submitted by the Petitioner. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Petitioner entered active duty with the Navy in July 2003 and served in the rating. c. In 2007, Petitioner was diagnosed with anxiety disorder after completing an alcohol rehabilitation program due to an alcohol related incident. He was medically cleared and deployed to to work with detainee operations in 2009. There he suffered a right arm and wrist injury leading to nerve damage. He also suffered from symptoms ofPostTraumatic Stress Disorder (PTSD) due to his experiences with the detainees. He was treated by the Navy for both conditions but is referred to the Physical Evaluation Board by a medical board on 2 April 2012 for Residual Scaphoid fracture and PTSD. d. On 12 April 2012, the PEB found Petitioner unfit for continued naval service due to his right wrist condition. However, his PTSD was determined not to be an unfitting condition along with his alcohol dependence in remission. His unfitting condition was rated at 20% by the Department ofVeterans Affairs as part ofthe Integrated Disability Evaluation System and Petitioner accepted the findings ofthe PEB. He was discharged on 14 September 2012 with disability severance pay. e. The advisory opinions provided by Senior Medical Advisor CORB and Director CORB determined that an error was made in rating Petitioner's right wrist condition since his nonmedical assessment discussed the occupational impairment caused by his right hand vs wrist. A recommendation was made to include traumatic right wrist fracture status post right carpal tunnel release, lost offeeling right and spasm right hand as an additional unfitting condition to Petitioner's PEB record. Petitioner concurred with this recommendation in his rebuttal statement. f. However, the advisory opinion recommended against adding PTSD as an additional unfitting condition. The opinion was based on the lack of evidence that showed Petitioner suffered a substantial occupational impairment as a result ofhis PTSD. Petitioner disagreed with this assessment and argued that his record demonstrates that his PTSD was unfitting since it impaired his ability to perform his military duties along with basic routine life functions. It was also argued that he condition prevented him from securing employment post-discharge. CONCLUSION Upon review and consideration of all the evidence ofrecord, the Board finds the existence of an injustice warranting the following partial corrective action. The Board substantially concurred with the advisory opinion in determining that Petitioner should be placed on the Permanent Disability Retirement List due to the error made in rating his right hand disability. The Board also agreed with the recommendation not to find Petitioner's PTSD condition as unfitting based on the evidence. Contrary to Petitioner's assertion that the evidence supports a finding ofunfitness due to the severe occupational and basic function impairment he experienced, the Board found substantial evidence to the contrary. Specifically, Petitioner's ability to earn a 4.0 trait average in his last performance evaluation leading up to his separation from active duty convinced the Board that he was able to perform the duties ofhis office, grade, rank or rating despite the existence ofhis PTSD symptoms. The comments •on his performance evaluation describe him as a motivated, thorough, and accurate performer with "limitless potential." His demonstrated ability to perform his assigned master ofarms duties above fleet standards, albeit limited in scope due to his right hand physical limitations, was convincing evidence to the Board that his PTSD condition was not an unfitting condition. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner was placed on the Permanent Disability Retirement List for TRAUMATIC RIGHT WRIST FRACTURE STATUS POST RIGHT CARPAL TUNNEL RELEASE, LOSS OF FEELING OF RIGHT HAND AND SPASM RIGHT HAND, VASRD 8799-8715, at 30%, and RESIDUALS OF SCAPHOID FRACTURE WITH PAIN AND DECREASED ROM, V ASRD 5215, at 20%, for a combined rating of40% effective 15 September 2012. No other relief is warranted.. A copy ofthis Report ofProceedings will be filed in Petitioner's naval record. 4. It is certified that a quorum was presented at the Board's review and deliberations, and that the foregoing is a true and complete record ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set · Section of the revised Procedures of the Board for Correction ofNaval Records (32 Co e ofFe era! 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 ofthe Secretary ofthe Navy. Executive Director