DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 263-16 MAR 21 2017 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 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 ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 23 February 2017. Your allegations oferror 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, your naval record and applicable statutes, regulations and policies. The Board also considered the advisory opinion contained in BUMED letter 5740 Ser M34/16UM36057of17 November 2016; a copy ofwhich was provided to you for comment. A review ofyour record shows that you entered active duty with the Marine Corps in February Post-Traumatic Stress Disorder (PTSD). Eventually, you were discharged after being found 1979. You were injured in the bombing that resulted in a diagnosis of unfit for continued naval service by the Physical Evaluation Board (PEB) after being referred for low back pain, left knee Patellofemoral syndrome, and multiple lacerations. You were discharged on 23 June 1989 for physical disability with severance pay after receiving a combined PEB disability rating ofless than 30%. Subsequent to your discharge, the Department of Veterans Affairs rated you for dysthymic disorder. The Board carefully considered your arguments that you were suffering from PTSD at the time ofyour discharge and were improperly rated by the PEB. Unfortunately, the Board disagreed with your rationale for relief. The Board did not rely on the advisory opinion from BUMED since it incorrectly stated you were never diagnosed with PTSD while on active duty. The Board noted in your service record that you were diagnosed and treated for PTSD in 1984. However, the Board concluded that there was insufficient evidence that you were unfit for continued naval service due to PTSD since a 27 April 1984 medical report states that your PTSD was resolving and almost "non-existent." This fact plus the lack of a Department ofVeterans Affairs disability rating for PTSD led the Board to conclude that insufficient evidence exists to find that your PTSD condition created a sufficient occupational impairment at the time ofyour discharge to warrant a finding of unfitness. 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 ofthe panel will be furnished upon request. It is regretted that the circumstances ofyour 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 ofregularity 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 ofprobable material error or injustice. Sincerely, Executive Director