DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S COURTHOUSE ROAD SUITE 1001 ARLINGTON VA 22204-2490 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 relevant portions of your naval record and your application, 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 case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 5 November 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. In addition, the Board considered the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 29 May 2020 and Director CORB letter 1910 CORB: 001 of 11 June 2020 along with your response to the opinions. A review of your record shows that you entered active duty with the Marine Corps in August 1984. You served without incident until you were injured falling off a roof in May 1991 that resulted in multiple fractures and an aggravation of a previous back condition. Additionally, you received mental health treatment associated with your fall during your recovery period in May 1991. After continuing to suffer symptoms from your injuries, a medical board referred you to the Physical Evaluation Board (PEB) in March 1992. The PEB found you unfit for continued naval service due to Sacroiliac Joint Disease and Sacral Foramina Impingement with a combined 10% disability rating resulting in your discharged from the Marine Corps on 5 August 1992 with severance pay. In making their findings, the PEB concluded your healed Olecranon and Fibluar fractures were not separately unfitting. Upon your discharge, the Department of Veterans Affairs (VA) rated you for a number of service connected disability conditions including your Olecranon (10%), Pelvic (0%), Fibular (0%), and Ulnar (0%) fractures. You were also assigned disability ratings for Anxiety Disorder (10%) and back pain (0%). In 1996, the VA increased your disability ratings for your Anxiety Disorder to 30% and changed your diagnosis to Post-Traumatic Stress Disorder (PTSD). Additionally, your back condition rating was increased to 20% and your Fibular fracture to 10%. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list for the disability conditions resulting from your May 1991 injuries. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinions in your case. In reviewing the medical evidence in your case, the Board determined the evidence does not support a finding that your unfitting conditions do not merit your placement on the disability retirement list. The Board relied on several pieces of evidence in making their findings. First, the Board determined that your mental health condition was not sufficiently impairing to prevent you from performing the duties of your office, grade, rank or rating. The Board noted that you were treated for mental health symptoms 20-23 May 1991 while you were undergoing treatment for your various injuries. Your last mental health evaluation on 23 May 1991 documented that you were doing well after your nightmares subsided. The report concluded you had no signs of PTSD or mental illness at that time. Further, the Board found no further treatment for your PTSD prior to your discharge from the Marine Corps or evidence that your mental health condition somehow affected your ability to perform your duties. Based on the lack of evidence that suggests any impairment of your military duties related to mental health symptoms, the Board determined the preponderance of the evidence does not support a finding that you were unfit for continued naval service due to PTSD or any other mental health condition. Second, the Board also concluded the evidence does not support a finding that you qualified for placement on the disability retirement list for your other disability conditions. In reviewing your PEB and VA ratings in 1991 and 1992, the Board noted that your combined rating would be 20% even if you were found unfit for all your orthopedic injuries. Therefore, the Board concluded that your conditions would not have met the 30% threshold for placement on the disability retirement list even if the PEB had found you unfit for all your referred disability conditions. The fact your conditions worsened and merited an increase in your VA disability rating in 1996 did not convince the Board that your conditions should have been rated similarly at the time of your discharge. In the Board’s opinion, the passage of time was too great to be able to rely on disability ratings issued more than four years after your discharge from the Marine Corps. The Board concluded it was not unusual for physical disability conditions to worsen over time. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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. Sincerely,