From: Chairman, Board for Correction of Naval Records 

To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD 

Ref: (a) Title 10 U.S.C. 1552 

Encl: 
(1) DD Form 149 
(2) Director CORB letter 1910 CORB: 002 of 29 August 2019 

1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to change his narrative reason for separation to disability. 

2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 5 September 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, relevant portions of the naval records, and applicable statutes, regulations, and policies. 

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 Marine Corps in November 2003. After complaining of 1.5 years of left knee pain, he underwent a Magnetic Resonance Imaging (MRI) scan on 8 July 2005 that revealed a mild intrasubstance injury of his posterior cruciate ligament and mild patella alta. He was placed on two periods of limited duty as a result of his knee condition. 

c. In December 2005, an exploratory arthroscopy was performed on Petitioner’s left knee. 
That procedure revealed insufficient pathology to warrant corrective surgery. Petitioner had no 
swelling and full range of motion. After continued knee pain, Petitioner was recommended for a 
MOS change or administrative separation for condition not a disability on 8 march 2006. He 
was eventually discharged on 23 May 2006 for condition not a disability. Post-discharge, 
Petitioner continued to suffer symptoms from his left knee condition. 

 d. In correspondence attached at enclosure (2), the office having cognizance over Petitioner’s request to be found unfit for continued naval service determined the medical evidence supported relief in his case. The Advisory Opinion opined that Petitioner should have been referred to the Physical Evaluation Board (PEB) for his left knee condition due to being in a second limited duty period with no improvement in his symptoms. Based on the lack of pathology and full range of motion in his left knee, the opinion states the PEB would have found him unfit and rated his condition at 10% for Left Knee Posterior Cruciate Ligament Sprain with Residual Knee Joint Pain, Status Post Arthroscopy. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an 
injustice/error warranting relief. In this regard, the Board concurred with the Advisory Opinion 
at enclosure (2). Specifically, the Board determined that Petitioner was unfit for continued naval 
service and his symptoms warranted a disability rating of 10% at the time of his discharge in 
May 2006. In the Board’s opinion, Petitioner was erroneously separated for condition not a 
disability and his narrative reason for separation should be changed to reflect his disability status at the time of his discharge. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by changing his narrative reason for separation to 
“disability with severance pay” with a corresponding separation code and authority consistent 
with the new narrative reason for separation. A new DD Form 214 or DD Form 215 will be issued to document the change to his record. No other change is required. 

4. It is certified that a 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. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and 
having assured compliance with its provisions, it is hereby announced that the foregoing 
corrective action, taken under the authority of reference (a), has been approved by the Board on 
behalf of the Secretary of the Navy.