DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 2) Senior Medical Advisor CORB ltr 1910 CORB: 002 of 23 Oct 19 (3) Director CORB ltr 1910 CORB: 001 of 1 Nov 19 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 place him on the disability retirement list and/or upgrade his characterization of service to Honorable. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 12 December 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 April 2003. After suffering from what was described as a chronic left knee anterior cruciate ligament injury, he was dropped from Amphibious Reconnaissance School on 2 March 2004 and assigned administrative duties. On 11 July 2004, Petitioner admitted himself for suicidal ideations and was diagnosed with Major Depressive Disorder, single episode, moderate and Obsessive Compulsive traits. He was eventually transferred to an outpatient crisis intervention program and released on 23 July 2004 after being determined fit for full duty. In August 2004, Petitioner was diagnosed with an adjustment disorder and personality disorder resulting in a recommendation for expeditious administrative separation. He was notified of administrative separation processing for his personality disorder and was recommended for an Honorable characterization of service by his chain of command up to his Commanding Officer. Petitioner was eventually discharged with a General characterization of service on 5 November 2004 due to his personality disorder. Prior to his discharge, Petitioner was medically cleared for separation on 12 August 2004. c. Post-discharge, the Department of Veterans Affairs (VA) rated Petitioner for a number of service connected disability conditions including Major Depressive Disorder and bilateral patellofemoral syndrome. d. In correspondence attached at enclosures (2) and (3), the office having cognizance over Petitioner’s request to be placed on the disability retirement list determined that the evidence does not support his request. The Advisory Opinion opined that the preponderance of the evidence demonstrates that Petitioner was not unfit due to any medical condition eligible for compensation and, had a referral to the Physical Evaluation Board occurred, Petitioner would likely have been found fit for active duty. Petitioner was previously provided a copy of the advisory opinions for comment. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief. In this regard, the Board substantially concurred with the Advisory Opinions at enclosure (2) and (3). Specifically, the Board determined that the medical evidence does not support a finding that Petitioner was unfit for continued naval service due to Major Depressive Disorder or bilateral patellofemoral syndrome. These findings were based on medical examinations occurring on 12 February 2004 and 1 March 2004 that documented Petitioner’s left knee was normal. While the Board noted he suffered from a small suprapatellar left knee effusion in July 2004 and was initially diagnosed with Major Depressive Disorder, single episode, moderate, they felt he was fit for active duty by 12 August 2004 based on his Report of Medical History and Separation Physical Examination in which he describes himself as in “good health” and did not identify any medical condition that interfered with the performance of his military duties. Further, as explained in the advisory opinions, Petitioner was later diagnosed with adjustment disorder and personality disorder, both non-compensable mental health conditions. Based on this evidence, the Board concluded the preponderance of the evidence does not support a finding that Petitioner was unable to perform the duties of his office, grade, rank or rating at the time of his discharge. Therefore, the Board found insufficient evidence to place Petitioner on the disability retirement list for the claimed disability conditions. While the Board considered the VA ratings assigned to Petitioner, the Board felt these were not probative on the issue of fitness for continued naval service since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. However, regarding his characterization of service, the Board determined partial relief was merited. The Board relied on Petitioner’s chain of command comments and recommendations to conclude that the quality of his brief active service met the standards of accepted conduct and performance of duty for military personnel. The Board found no evidence of misconduct or poor performance in Petitioner’s record. Based on these factors, the Board found the preponderance of the evidence supports upgrading Petitioner’s characterization of service to Honorable. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by upgrading his characterization of service to Honorable vice General under Honorable conditions. 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.