DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 797-17 MAY 29 2018 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 ofNaval Records, sitting in executive session, considered your application on 10 May 2018. The names and votes of the members of the 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 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 ltr 1910 CORB: 002 of 14 Mar 2018 and your response to the opinion. A review of your record shows you entered service with the Navy Reserve in Jul 1984 before commissioning as a Nurse Corps officer in October 1989. During your service as a Reservist, you mobilized on several occasions in support ofcontingency operations. Your last mobilization in support of Operation Enduring Freedom occurred in October 2008 during which you deployed to Iraq through 21 May 2009. After your release from active duty, you continued to serve in the Reserve until your transfer to the Retired Reserve on 1 February 2015. The Board carefully considered your arguments that you should be placed on the disability retirement list. You assert that you were unfit for continued naval service for a number of disability conditions that led the Physical Evaluation Board to conclude you were not physically qualified for retention in the Navy Reserve. 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 ltr 1910 CORB: 002of14 Mar 2018. Specifically, the Board concluded there was insufficient evidence to support a finding that you were unfit for continued naval service prior to your release from active duty in 2009. The Board determined that the onset ofyour disability conditions likely occurred during your period ofactive duty from October 2008 through October 2009. Therefore the question considered by the Board was whether you were unfit to perform the duties ofyour office, grade, rank or rating because of disease or injury incurred or aggravated while entitled to basic pay. In making their findings, the Board considered whether the evidence established that you, due to your physical disability conditions, were unable to reasonably perform the duties ofyour office, grade, rank, or rating. In the end, the Board concluded the evidence did not support a finding that you were unable to reasonably perform your military duties as a Primary Care Nurse Practitioner prior to your release from active duty in 2009. The Board's decision was made after carefully reviewing your performance history. What they found was that, despite evidence that you were suffering from symptoms related to your disability conditions, you were able to perform at or above Fleet standards for your paygrade and designator. You earned an Army Commendation Medal, while serving in a combat zone, with no indication of any drop-off in performance during your period ofactive duty. Even after your demobilization, your trait average in your Fitness Report ending 30 April 2010 shows that you were performing above the group average. This was convincing objective evidence to the Board that your disability conditions did not create a substantial enough occupational impairment to warrant a referral to the Disability Evaluation System prior to your release from active duty in 2009. The Board also considered the evidence you provided in support ofa finding that you were unfit for continued naval service during your period of terminal leave in 2009. However, the Board felt your Iraq and post-mobilization performance clearly exhibited that you were fully capable of performing your duties despite any treatment you may have been receiving for your disability conditions. The Social Security Administration (SSA) and Department of Veterans Affairs (VA) findings that you were disabled was not persuasive evidence to the Board since neither agency requires a finding of unfitness for military duty as part oftheir award process. As an example, the Board found that you were issued a FITREP ending 30 November 2011 in which you earned a 4.0 trait average. This FITREP was issued one day after your SSA benefits became effective. They also noted that you earned a final observed FITREP ending 30 April 2012 with a 3.33 trait average well after you were determined to be disabled by the SSA. In both FITREPS you were recommended for promotion due to your positive work performance. This evidence of strong work performance convinced the Board that neither the SSA or VA disability findings were probative to the issue ofunfitness for continued naval service in 2009. 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 ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director