DEPARTMENT OF THE NAVY  
BOARD FOR CORRECTION OF NAVAL RECORDS  
701 S. COURTHOUSE ROAD, SUITE 1001  
ARLINGTON, VA 22204-2490  
 
Docket No. 2363-16  
FEB 27 2017  

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 January 20 17. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion contained in CORB letter 5220 CORB: 002of16 November 2016 and your rebuttal evidence in response to the opinion. 

A review of your record shows that you entered active duty with the Marine Corps in December 2009. On 26 May 2010, you were exposed to an improvised explosive device explosion in Afghanistan that caused you to lose consciousness and suffer a left arm injury. As a result, the Physical Evaluation Board found you unfit for continued naval service due to Post-Traumatic Stress Disorder (PTSD) and chronic pain in your left shoulder and elbow. You were rated a combined 50% for both conditions and placed on the Temporary Disability Retirement List (TDRL) on 29 September 201 1. On 13 May 2013, you underwent a periodic TDRL examination that reported moderate impairment with no limitations to your left shoulder and arm. As a result, on 18 June 2013, the PEB found you unfit only for PTSD and reduced your disability rating to 10%. On 20 September 2016, the Department of Veterans Affairs rated you for tension headaches. 

The Board carefully considered your arguments that you deserve to be placed back on the disability retirement list based on continuing symptoms related to the disability conditions that formed the basis of your original disability retirement. You assert the medical assessment conducted by the Navy was insufficient and your removal from the TDRL was wrongful. Unfortunately, the Board disagreed with your rationale for relief. In making their decision, the Board substantially concurred with the advisory opinion contained in CORB letter 5220 CORB:002of16 November 2016. Specifically, the Board found your employment as a full-time 
correctional officer subsequent to your discharge as strong evidence that your PTSD condition was only mildly impairing occupationally and worthy of the 10% disability rating issued by the PEB in 2013. Further, the Board agreed with the PEB determination that your shoulder condition was no longer unfitting based on your statement that you played sports, including ice hockey, after your discharge. The fact you may be suffering additional symptoms rated by the VA since your discharge was not persuasive to the Board since you were fully employed and physically able to participate in sports despite the existence of the VA rated disabilities and related symptoms. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes ofthe members of the panel will be furnished upon request. 

It is regretted that the circwnstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new evidence within one year from the date ofthe Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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,