DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5924-17 Dear This is in reference to your application for correction of your 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. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 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 of this 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 opinion contained in Director CORB letter 1910 CORB: 002 of 27 August 2018 and your response to the opinion. A review of your record shows that you entered active duty with the Navy in December 2004. In 2010, you were diagnosed with Chronic Fatigue Syndrome and Fibromyalgia. Eventually, your disability symptoms formed the basis of a medical board referral to the Physical Evaluation Board (PEB) for Fibromyalgia and fatigue, raised antibody titer, fatigue, left hip pain, and somatization disorder. On 21 May 2012, the PEB found you unfit for Fibromyalgia and fatigue with a 40% disability rating. Your other conditions were determined not to be separately unfitting. Based on the PEB findings, you were placed on the Temporary Disability Retirement List (TDRL). On 1 December 2014, you underwent a TDRL Periodical Physical Examination (PPE) that affirmed your continuing Fibromyalgia symptoms and diagnosis. As a result, on 3 February 2015, the PEB again found you unfit for continued naval service for Fibromyalgia and recommended your placement on the Permanent Disability Retirement List. On 26 September 2016, the Department of Veterans Affairs (VA) issued you a separate disability rating of 100% for Chronic Fatigue Syndrome (CFS). The Board carefully considered your arguments that you deserve a separate finding of unfitness for CFS with an assigned 100% disability rating. 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 1910 CORB: 002 of 27 August 2018. Specifically, the Board concluded there was insufficient evidence that your CFS condition qualified as a separate unfitting condition based on the requirements contained in 38 CFR 4.88a. As pointed out in the advisory opinion, for VA purposes, in order to diagnose a servicemember with CFS a provider must be able to exclude “all other clinical conditions that may produce similar symptoms.” In your case, on at least two occasions, your providers determined that your Fibromyalgia condition included the symptoms of fatigue. In the Board’s opinion, this disqualified you from a CFS diagnosis, for VA and PEB purposes, based on the CFR requirements. So the fact the VA issued you a separate CFS rating or the fact two specialty providers opined on the comorbidity of the CFS and Fibromyalgia in your case was not persuasive to the Board when considered in light of the CFR requirements, medical board report, and TDRL PPE report. Accordingly, the Board concluded it lacked evidence of error or injustice to warrant a change to your record. 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 of the 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 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 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 of probable material error or injustice. Sincerely, 9/10/2019