DEPARTMENT OF THE NAVY 

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

Docket No. 2978-17 

AUG 27 2018 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, 
the Board found the evidence submitted was insufficient to establish the existence of probable 
material error or injustice. Consequently, your application has been denied. 

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 of the Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 9 August 2018. The names and votes of the members ofthe panel will be 
furnished upon request. Your allegations of error 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, relevant portions ofyour naval record and applicable 
statutes, regulations and policies. In addition, the Board considered the advisory opinions 
contained in Director CORB !tr 1910 CORB: 001 of5 Jun 2018 and Senior Medical Advisor 
CORB ltr 1910 CORB: 002 of29 May 2018; copies of which were previously provided to you 
for comment. 

A review ofyour record shows that you entered active duty with the Navy in September 2006. 
After suffering a knee injury, you underwent left knee surgery in September 2009. You were 
also seen for Post-Traumatic Stress Disorder (PTSD) and alcohol abuse symptoms in 2010 
resulting in a PTSD diagnosis. On 27 August 2010, you were first referred to a medical board 
for your left knee condition. However, you underwent another surgery in 2011 in an attempt to 
correct your condition. Despite the additional surgery, a medical board referred you to the 
Physical Evaluation Board (PEB) in 2011 for your left knee condition and PTSD. On 14 
September 2011, the PEB found you unfit for persistent left knee pain and anterior cruciate 
ligament partial tear status post reconstruction and revision reconstruction. The conditions were 
rated at a combined 20% based on the Department ofVeterans Affairs (VA) assigned rating. 
Your PTSD condition was determined not to be separately unfitting by the PEB resulting in your 
request for a formal hearing. On I December 2011, the formal PEB affirmed the decision of the 
informal PEB resulting in your discharge from the Navy with severance pay on 1 March 2012. 

The Board carefully considered your arguments that you deserve to be pfaced on the disability 
retirement list due to your PTSD condition. You assert that if your PTSD condition had been 
"considered/included" in the PEB evaluation, you would have been medically retired. 
Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the 
Board substantially concurred with the advisory opinions contained in Director CORB !tr 1910 
CORB: 001 of 5 Jun 2018 and Senior Medical Advisor CORB !tr 1910 CORB: 002 of29 May 
2018. First, the Board found that the PEB properly included your PTSD condition in their 
review ofyour case. The 12 May 2011 medical board discussed your PTSD condition in detail 
and referred it as a disability condition to the PEB. In addition, both the informal and formal 
PEB considered your PTSD condition in making their findings. Based on these facts, the Board 
determined there was no merit to your assertion that your PTSD condition was not 
"considered/included" in your PEB case. Second, the Board found insufficient evidence to 
support a finding that you were unfit for continued naval service due to PTSD. The 12 May 
2011 medical board specifically states that your PTSD condition does not "appear to impact his 
ability to function at his job." The report goes on to state that you were considered 
psychologically "fit for full duty" despite the existence of your PTSD diagnosis. This was strong 
objective medical evidence that convinced the Board that you were able to perform the duties of 
your office, grade, rank or rating at the time you were discharged from the Navy. Accordingly, 
the Board found no error in the PEB findings and no basis for changing your record. 

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 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