DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5356-17 JUL 3 0 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 ofprobable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 July 2018. The names and votes of the members of the 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 ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinions contained in Director CORB !tr 1910 CORB: 001 of 17 Apr 18 and Senior Medical Advisor ltr 1910 CORB: 002of17 Apr 18; both of which were previously provided to you for comment. A review ofyour record shows that you entered active duty with the Marine Corps in April 2009. After deploying to Afghanistan in November 2010, you were diagnosed with Acute Myelogenous Leukemia (AML) and medically evacuated in May 2011. By November 2011, your AML was deemed to be in remission. You were treated for anxiety issues in February 2017 immediately prior to your separation from active duty. On 30 April 2017, you were discharged at the completion of your required active duty and issued a RE-IA reentry code. Post-discharge, the Department of Veterans Affairs rated you for a number of service connected disability conditions including Social anxiety disorder (30%), Migraine headaches (30%), Hemochromatosis (10%), Acute Myelogenous Leukemia (0%), and Left buttock scar (0%). The Board carefully considered your arguments that you deserve to either be placed on the disability retirement list or have your narrative reason for separation be changed to disability. You assert that the Navy failed to properly treat your AML condition which led to other physical disabilities. In addition, you assert that you suffer from Post-Traumatic Stress Disorder (PTSD) and the effects of a contaminated blood transfusion. 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 ltr 1910 CORB: 001of17 Apr 18 and Senior Medical Advisor ltr 1910 CORB: 002 of 17 Apr 18. Specifically, the Board found that it lacked evidence that you were unfit for continued naval service due to a qualifying disability condition. In order to find that a member is unfit for continued naval service due to a disability condition, it must be established that the medical disease or condition underlying the diagnosis actually interferes significantly with the member's ability to carry out the duties ofhis or her office, grade, rank or rating. The Board closely examined your fitness reports leading up to your discharge from active duty and could find no objective evidence that you were suffering from an occupational impairment that prevented you from performing your assigned duties. In your last three fitness reports starting with the reporting period that ended on 31 March 2015 through your discharge date, you were ranked as a "Highly Qualified Marine" along with a number of your peers. In addition, despite the existence of any disability conditions, you were able to complete both the Physical Fitness Test and Combat Fitness Test during those periods evaluations. This was strong objective evidence to the Board that you were fully capable of performing your duties at fleet standards. Further evidence considered by the Board was the RE-lA reentry code issued to you upon your discharge. This code was evidence the Marine Corps felt you were physically qualified to continue on active duty and allowed you to reenlist into the Marine Corps at the time ofyour discharge. Regarding your claim for PTSD, the Board could find no diagnosis for the condition for you and also noted that you were not rated by the VA for PTSD. Finally, regarding the issue of the potentially contaminated blood transfusion, the Board found no evidence to support a finding that you were unfit as a result of the transfusion. As pointed out in the advisory opinion from Senior Medical Advisor CORB, a review ofyour medical records revealed that you tested negative for any blood borne pathogens. Based on all these findings, the Board concluded that your discharge was proper and no change is required to your 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 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 ofprobable material error or injustice. Sincerely, Executive Director