DEPARTMENT OF THE NAVY 

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

Docket No. 5516-17 

JUL 30 2018 

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 ofthe 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. 

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 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 ofthis 
Board. Documentary material considered by the Board consisted of your 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 ltr 1910 CORB: 001of18 Apr 18 and Senior Medical 
Advisor CORB ltr 1910 CORB: 002 of 17 Apr 18; both of which were previously provided to 
you for comment. 

A review of your record shows that you entered active duty with the Marine Corps in August 
2006. You deployed to Iraq in October 2007. It was during this deployment that you assert that 
you experienced two rocket attacks that led to your Traumatic Brain Injury (TBI) and PostTraumatic 
Stress Disorder (PTSD). After returning from that deployment in May 2008, you 
successfully served on active duty and were deployed to Afghanistan in March 2011. It was 
after this deployment that you revealed your potential TBI and PTSD related symptoms on your 
Post-Deployment Health Assessment. This eventually led to a medical board referral to the 
Physical Evaluation Board (PEB) for muscle weakness, rebound headaches, migraine without 
aura, memory lapses, grade 3 concussion, and PTSD. However, on 12 February 2013; the PEB 
determined you were fit to continue on active duty. After initially requesting a formal hearing, 
you accepted the findings ofthe informal board and continued your active duty career. On 10 
June 2013, you underwent right shoulder surgery which resulted in another referral to the PEB 
for your right shoulder condition along with the other conditions previously determined not to be 
unfitting. On 19 February 2014, the PEB found you unfit for continued naval service due to 
right shoulder condition and rated your condition at 10%. Your other referred conditions were . 
again determined not to be unfitting. You accepted the findings ofthe PEB and were discharged 
on 29 June 2014 for disability with severance pay. As part of the Integrated Disability 
Evaluation System, the Department ofVeterans Affairs rated you for a number of service 
connected disabilities including PTSD (50%-2014, 70%-2015), Obstructive Sleep Apnea (50%), 
Migraines (30%), Peripheral vestibular disorder (30%), Arthroscopic labral debridement right 
shoulder (10%), left hip strain (10%), left ankle strain (10%), cervical strain (10%), left wrist 
fracture/strain (10% ), right elbow strain (10% ), right wrist fracture/strain (10% ), left peroneal 
nerve palsy (10%), bilateral TMJ (10%), left shoulder strain (10%), lumbar strain (10%), 
bilateral patellofemoral pain syndrome (10% each), right hip strain (10%), and tinnitus (10%). 
You were also rated at 0% for nine other conditions including TBI. 

The Board carefully considered your arguments that you deserve to be placed on the disability 
retirement list. Specifically, you assert the PEB improperly determined your PTSD, Migraines, 
and left leg disability conditions were not unfitting despite evidence to the contrary. 
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: 001 of 18 Apr 18 and Senior Medical Advisor CORB ltr 1910 CORB: 002of17 Apr 18. 
In order to find that a member is unfit for continued naval service, 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. In your case 
the Board considered whether there was objective evidence that you were unable to perform your 
assigned duties as a result of your PTSD, Migraines, and left leg condition. The Board examined 
your fitness reports starting with the reporting period ending on 31 March 2011 through your 
discharge on 29 June 2014. Those reports revealed that you consistently performed at or above 
fleet standards for your paygrade and MOS despite the existence of conditions that you assert 
existed as early as 2008. You were ranked as a "Highly Qualified Marine" through December 
2011 until your performance declined as a result of a finding that you fraternized with a 
subordinate in 2012. This led to a temporary decline in your ranking to "Qualified Marine" 
through March 2013. However, your performance improved in 2014 when you again achieved 
the status of "Highly Qualified Marine" and earned accolades from your leadership that included 
the comment that you were a "strong asset for the platoon and will be sorely missed." This was 
strong objective evidence offitness for active duty on the issue of PTSD, Migraines, and your 
leg condition since it appears you were able to perform well for a number ofyears despite the 
existence of those disability conditions going back to your return from Afghanistan. The Board 
was not convinced those disability conditions significantly worsened, to the extent they could be 
considered unfitting, in the short time between your first and second PEBs. It was the Board's 
opinion that the PEB was correct in finding that your shoulder condition prevented you from 
continuing your active duty career but that there was a lack ofevidence to support a similar 
finding for all the other disability conditions that you possessed prior to your shoulder surgery. 
As a result of these findings, the Board concluded that it lacked evidence to support a finding of 
relief in your case. 

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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director