DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1992-18 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) Senior Medical Advisory CORB ltr 1910 CORB: 002 of 28 Jan 19 (3) Director CORB ltr 1910 CORB: 001 of 13 Feb 19 (4) ltr of 22 Apr 19 (5) Department of Veterans Affairs statement in support of claim of 8 Nov 1 7 (6) BUMED ltr 6110 M34 17-06535-01 of27 May 17 (7) Commanding Officer, ltr 6100 Ser N9/0682 of 13 Jun 17 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that his naval record be corrected to refer him to the Disability Evaluation System (DES) to allow the Physical Evaluation Board (PEB) to consider his post-traumatic stress disorder (PTSD) as an unfitting condition. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 2 May 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, Petitioner's naval records, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinions contained in enclosures (2) and (3), as well as Petitioner's comments on the opinions, enclosure (4). 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Petitioner entered active duty with the Navy in December 2000 and served until his transfer to the Navy Reserve in January 2012. During this period, he deployed to , as a guard from November 2007 through December 2008. Petitioner was diagnosed with PTSD in 2016 based on trauma he experienced while serving in . See enclosure (5). Based on his PTSD condition and sleep apnea, Petitioner was determined not to be physically qualified for retention in the Navy Reserve. See enclosure (6). He was notified of his options for review of his status but was automatically selected for placement on the Retired Reserve list when he failed to make an election within the allotted time period. See enclosure (7). Petitioner received his retirement orders on 25 August 2017 effective 1 July 2017. On 29 December 2017, the Department of Veterans Affairs (VA) rated Petitioner for PTSD at 50%. c. Petitioner argues that he should have been referred to the DES since he incurred his PTSD while on active duty. He asserts that he was unfit for continued naval service at the time of he was placed on the Retired Reserve list. d. In enclosures (2) and (3), the CORB opined that insufficient evidence of an occupational impairment exists to support a finding Petitioner was unfit for continued naval service due to PTSD. The CORB based its opinion, in part, on evidence Petitioner performed well during his career despite his PTSD condition. See enclosure (8). In enclosure (4), Petitioner argues that he would have the opportunity to perfect his case for unfitness if provided the opportunity to have his case heard by the PEB, and the fact that the CORB feels there is currently insufficient evidence for a finding of unfitness based on current evidence is not dispositive of the issue. e. In regard to Petitioner's request for a personal appearance, the Board determined that a personal appearance was not necessary and considered the case based on the evidence of record. MAJORITY CONCLUSION Upon review and consideration of all the evidence of record, the majority concludes that Petitioner should be referred to the PEB to have his case reviewed for unfitness due to PTSD. In their opinion, no error was committed by the Navy in placing Petitioner on the Retired Reserve list since there was insufficient evidence he was unfit for continued naval service for PTSD at the time he was deemed not physically qualified for retention in the Navy Reserve. However, they also concluded that his December 2017 disability rating of 50% by the VA shows he may have suffered from severe enough symptoms to warrant a referral to the PEB by a medical board. In light of the liberal consideration policy that exists in mental health condition cases, the Board felt a sufficient injustice exists to merit Petitioner's referral to the PEB for consideration of his PTSD condition. MAJORITY RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner was referred to the PEB for PTSD by a medical board. The PEB will conduct a review of Petitioner's record to determine whether he is unfit for continued naval service and qualifies for placement on the disability retirement list. A copy of this Report of Proceedings will be filed in Petitioner's naval record. MINORITY CONCLUSION A minority of the Board ( ) substantially concurred with the advisory opinions contained in enclosures (2) and (3) and concludes that no relief should be granted because there is insufficient evidence to show Petitioner was suffering a sufficient occupational impairment to warrant his referral to the DES. MINORITY RECOMMENDATION That Petitioner's request be denied. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), it is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above-entitled matter. 5. The foregoing action of the Board is submitted for your review and action. 5/14/2019 Executive Director