DEPARTMENT OF THE NAVY 

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

Docket No. 6955-16 
JUL 31 2017 


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

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 13 July 2017. Your allegations oferror 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 Director CORB letter 5220 CORB: 002of12 May 2017 and you rebuttal. 

A review ofyour record shows you entered active duty with the Marine Corps in November 
2000. You originally injured your left knee and right shoulder in 2002 which resulted in left 
patella surgery in 2011 and MRI evidence of a torn labrum. On 14 July 2011, a medical board 
referred you to the Physical Evaluation Board (PEB) for your left knee and right shoulder 
condition. The PEB found you unfit for continued naval service on 12 January 2012 for bqth 
conditions and issued a combined rating of30% which resulting in your placement on the 
Temporary Disability Retirement List (TDRL). On 25 January 2016, a Periodic Physical 
Examination (PPE) revealed no labrum tear in your right shoulder. As a result, the PEB lowered 
your right shoulder disability rating from 20% to 10% and you were discharged from the TDRL 
with a combined 20% rating. Your knee condition rating of 10% was continued by the PEB. 

The Board carefully considered your arguments that you deserve to be placed on the Permanent 
Disability Retirement List. You assert that your right shoulder condition was never evaluated by 
during the PPE and not considered in your removal from the TDRL. Unfortunately, the Board 
disagreed with your rationale for relief. In making their findings, the Board substantially 
concurred with the advisory opinion contained in Director CORB letter 5220 CORB: 002of12 
May 2017. Specifically, the Board found that your right shoulder condition was thoroughly 
evaluated during your 25 January 2016 PPE as evidenced by comments in the report that 
describe your shoulder's range ofmotion, strength, and the positive results ofmultiple medical 
tests applied to your shoulder. In addition, the Board concluded that the PPE examination of 
your shoulder was properly evaluated by the PEB. The PEB's determination that your shoulder 
condition remained an unfitting condition was consistent with the PPE prognosis that your 
shoulder condition would not physically allow you to perform your duties. However, the Board 
agreed with the 10% rating issued by the PEB with regard to your shoulder based on the PPE 
finding that you only suffered from an impingement with no strength deficit and no evidence ofa 
labrum injury. 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. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence ofrecord. 

It is regretted that the circumstances of your 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 considS"red by the Board. 
In this, regard, it is important to keep in mind that a presumptiqn ofregularity attaches to all 
officia'l 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