DEPARTMENT OF THE NAVY 

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


Docket No. 8308-16 
FEB 12 2018 

Dear , 

This is in reference to your application for correction ofyour 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 oflimitations 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 January 25, 2018. The names and votes of the members ofthe panel will be 
furnished upon request. 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 ofyour application, together with all 
material submitted in support thereof, relevant portions ofyour naval record and applicable 
statutes, regulations and policies. In addition, the Board considered the advisory opinions 
contained in BUMED ltr 5740 Ser M34/17UM34279 of 8 Aug 2017; Senior Medical Advisor 
CORB ltr 1910 CORB: 002 of9 Nov 2017; and Director CORB ltr 1910 CORB: 002of13 Nov 
2017; copies of which were provided to you for comment. 

A review ofyour record shows that you entered service with the Marine Corps Reserve in March 
2003. After two tours in Iraq, you were diagnosed with chronic Post-Traumatic Stress Disorder 
(PTSD) and depression after your involuntary recall to active duty. You were recommended for 
retention on active duty for treatment but, after being counselled on 8 February 2009 of your 
options, you chose to deactivate from active duty. On 1 October 2009, you were promoted to the 
paygrade of and issued your final Fitness report on 26 February 2010 before you were 
discharged. On 1 April 2010, the Department of Veterans Affairs (VA) rated your PTSD 
condition at 50% as you continued your employment as an offshore deckhand. As of23 May 
2011, VA records show that you underwent a lumbosacral fusion and took a leave ofabsence 
from your employment. Finally, you were psychiatrically hospitalized from 21 April 2014 
through 28 April 2014 with diagnoses ofpsychosis, PTSD, Alcohol Dependence, 
Schizophreniform Disorder, and Depressive Disorder. 

The Board carefully considered your arguments you deserve to be placed on the disability 
retirement list for disabilities that existed prior to your separation from active duty. You assert 
that your command failed to submit your line ofduty request after your release. Unfortunately, 
the Board disagreed with your rationale for relief. In making their findings, the Board 
substantially concurred with the advisory opinions contained in Senior Medical Advisor CORB 
ltr 1910 CORB: 002 of9 Nov 2017 and Director CORB ltr 1910 CORB: 002of13 Nov 2017. 
Specifically, the Board concluded that there was insufficient evidence to find that you were unfit 
for continued naval service due to a qualifying disability. Evidence of your superior 
performance that led to your promotion to despite the difficulties you were experiencing 
after your return from Iraq, convinced the Board that you were able to perform the duties ofyour 
office, grade, rank or rating. In addition, your ability to maintain civilian employment for a 
number ofyears after your release from active duty was strong evidence that your disability 
conditions were not causing a substantial occupational at the time ofyour release from active 
duty. The fact the VA chose to rate your PTSD after your discharge from the Marine Corps 
Reserve was not convincing evidence for the Board since eligibility for compensation and 
pension disability ratings by the VA is tied to the establishment of service connection and is 
manifestation-based without a requirement that unfitness for military duty be demonstrated. 
Accordingly, the Board was unable to find an error or injustice warranting a correction to your 
record and denied your application. 

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 of record. 

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