DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 100 ARLINGTON, VA 22204-2490 No. 1867-19 Ref: Signature Date Dear , This is in reference to your application of 30 January 2019 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 7 May 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 Senior Medical Advisor CORB letter 1910 CORB: 002 of 20 March 2020 and Director CORB letter 1910 CORB: 001 of 26 March 2020; copies of which were previously provided to you for comment. A review of your record shows that you entered active duty with the Marine Corps in June 2012. While deployed to , you allegedly suffered head trauma that created a functional neurological disorder that required treatment over the next couple of years. However, due to studies that could not identify evidence of neuropathy, you were referred to the Physical Evaluation Board (PEB) for conversion disorder and Post-Traumatic Stress Disorder (PTSD). On 23 March 2017, the PEB found you fit for active duty based on evidence that you were able to perform your duties. You continued to be treated for your neurological condition and were diagnosed with PTSD, TBI, and a personality disorder. After being medically cleared to separate from active duty, you were discharged at the end of your obligated active service on 29 January 2018. Post-discharge, the Department of Veterans Affairs (VA) rated you at 100% for TBI with PTSD, clonus, alcohol use disorder, dizziness, anxiety, and memory loss. The Board carefully considered your arguments that you deserve to have your narrative reason for separation changed to disability or be placed on the disability retirement list. You assert that your VA rating substantiates your unfitness for continued naval service at the time of your discharge. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 20 March 2020 and Director CORB letter 1910 CORB: 001 of 26 March 2020. Specifically, the Board agreed that the evidence does not support relief in your case. First, the medical evidence documents that you are not a credible historian of your medical history based on the Test of Malingering Memory (TOMM) results that showed you were, more likely than not, purposefully exaggerating your symptoms. Second, consistent with your TOMM results, medical testing could not identify a condition that was causing your severe symptoms. Further, several medical providers noted that your symptoms were not consistent with a neurological disorder. These two factors led the Board to conclude you were likely magnifying your symptoms at the time of your discharge. The Board considered your witness statement but did not find it credible in light of the contradictory medical evidence in your record. But most important, the Board found the medical evidence did not support a finding that you were unfit for continued naval service based on your post-discharge VA rating. As discussed in the advisory opinions, your September 2016 VA compensation and pension examination report showed that you possessed no occupational impairments secondary to a mental health condition. Medically, you displayed normal motor activity most of the time with no complaints of memory, attention, concentration, or executive function impairments. Based on this medical report, the Board concluded that you were fit for active duty, despite your exhibited symptoms near the end of your discharge. The fact you were medically cleared for discharge was also considered by the Board in finding you were, more likely than not, fit for active duty. The Manual of the Medical Department Chapter 15-20 requires separation examinations and evaluations for active duty members and states “comprehensive evaluations are conducted for the purposes of ensuring that Service members have not developed any medical conditions while in receipt of base pay that might constitute a disability that should be processed by the Physical Evaluation Board (PEB) and to ensure Service members are physically qualified for recall to additional periods of active duty. Thus, the standards for being physically qualified to separate are the same as those being qualified to continue active duty Service … .” Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your 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 the 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,