Docket No: 10344-18 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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 of limitations and consider your application on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 January 2020. 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. You enlisted in the Navy and began a period of active duty on 6 May 2004. On 1 June 2009, a Physical Evaluation Board (PEB) convened to consider the Medical Board which originated at San Diego, CA. The PEB found you unfit and recommended that you be placed on the Temporary Disability Retired List (TDRL), with a combined disability rating of 40%. The PEB diagnosed and rated the following unfitting conditions: (1) right chronic plantar fasciitis (PES Planus; congenital and equinus) with a 20% disability rating, and (2) left chronic plantar fasciitis with a 20% disability rating. The 2009 PEB diagnosed and rated the following conditions that were not specifically unfitting and did not contribute to the unfitting condition(s): (3) healed laceration, right thumb, without residual, (4) bilateral posterior tibialis tendinitis, and (5) bilateral hallux limitus. You accepted the preliminary findings and requested your separation/retirement date be 30 July 2009. On 19 June 2009, notes from “Dental Subase” to Medical NTS documented blood pressure of 140/98 and 142/102 and requested an evaluation. On 30 June 2009, you were transferred to the TDRL with an honorable characterization of service. While on the TDRL, you underwent an evaluation on 28 March 2014, at . The notes indicated that you were last seen in 2009, when you were treated for plantar fasciitis, hallux limitus, pes planus, posterior tibial tendonitis, and equinus and that you would like the Physical Evaluation Board (PEB) process started. The chronic problems listed as physical for separation, physical for retirement, screening for pulmonary tuberculosis, foot pain, physical therapy, posterior tibila tendonitis, left posterior tibial tendonitis, right posterior tibial tendonitis, hallux limitus, plantar fasciitis, pes planus and pes equinus. A JDETS Findings and Recommended Disposition Work Card, printed on 19 June 2014, indicated that your case was Informal Board ready. A 20 June 2014 PEB convened, found you unfit, and recommended that you be separated with severance pay from the TDRL with a combined disability rating of 20%. The PEB diagnosed and rated the following unfitting conditions: (1) right chronic plantar fasciitis (PES Planus; congenital and equinus) with a 10% disability rating, and (2) left chronic plantar fasciitis with a 10% disability rating. The PEB diagnosed and rated the following conditions that were not specifically unfitting and did not contribute to the unfitting condition(s): (3) healed laceration, right thumb, without residual, (4) bilateral posterior tibialis tendinitis, and (5) bilateral hallux limitus. On 23 June 2014, you notified the President, PEB through your Election of Options that you did not accept the findings of the PEB and requested that the PEB reconsider its decision. You provided a statement to the PEB on 22 July 2014, in which you contended that the decision should be reconsidered because the original rating per “DOD” was at 40%. You noted that your condition had not improved and indicated that the status of the condition was verified by the most recent X-Rays. The PEB again convened on 24 July 2014, and diagnosed and rated the following unfitting conditions: (1) right chronic plantar fasciitis (PES Planus; congenital and equinus) with a 10% disability rating, and (2) left chronic plantar fasciitis with a 10% disability rating. The PEB diagnosed and rated the following conditions that are not specifically unfitting and do not contribute to the unfitting condition(s): (3) healed laceration, right thumb, without residual, (4) bilateral posterior tibialis tendinitis, and (5) bilateral hallux limitus. You ask the Board to update your record “to properly reflect Hypertension Diagnosis (2009/was service connect (sic).” You note that the original diagnosis was reviewed and confirmed by Veterans Affairs (VA). You provide that a letter from the VA which indicates that you reported that you were told your blood pressure was high while you were on active duty but nothing was done. The VA states that based on the medical notes from 2009, the VA provider believes it was more likely than not that your hypertension developed during your active duty time. As part of the review process, the Council of Review Boards (CORB) reviewed your assertions and the available records, and issued an AO dated 2 December 2019. The AO found that the evidence does not support your request and found that there is a lack of objective evidence for sustained increased blood pressure that was both refractory to treatment and responsible for significant impairment of duty performance during your active duty service. The AO was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you suffered from hypertension while on active duty and the hypertension diagnosis should be documented in your record. The Board considered that you provided medical notes dated 19 June 2009, which reflected blood pressure of 140/98 and 142/102. The Board found that the19 June 2009 medical notes document concerns regarding elevated blood pressure rates. Accordingly, the Board determined that your military medical record documents blood pressure concerns on 19 June 2009. The Board noted that you were screened several times prior to your transfer to the TDRL at both a Medical Board and by the PEB on 1 June 2009. Furthermore, you were screened by a PEB in July 2014. The Board noted that your record does not reflect a formal diagnosis of hypertension, but that any issues pertaining to blood pressure do not appear to have impacted your fitness for duty. The Board concluded that your record does not merit the inclusion of a post-discharge formal diagnosis of hypertension in your medical records nor was the PEB erroneous or unjust in not documenting or evaluating blood pressure concerns in its determinations of fitness for military duty. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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.