From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  
 
Ref: (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149 w/attachments 
(2) Psychiatric Advisor CORB letter 1910 CORB: 002 of 17 March 2020 
(3) Director CORB letter 1910 CORB: 001 of 18 March 2020 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to place her on the disability retirement list or recall her to active duty and refer her to the Disability Evaluation System.   
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 2 July 2020 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 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 originally entered active duty with the Navy in 1987 and served on active duty until 1992.  She subsequently entered the Navy Reserve.  In November 2003, Petitioner was commissioned as a Medical Service Corps Officer.  Petitioner was mobilized in September 2015 and served on active duty through December 2017.  Her last fitness report during this period documents that she was performing her duties satisfactorily earning her a promotion recommendation and positive performance comments.  However, upon commencing another period of active duty in January 2018, Petitioner was referred a medical board that forwarded her case to the Physical Evaluation Board (PEB) for Fibromyalgia, Unspecified trauma or stressor related disorder, and Migraine without aura.     
 
     c.  As part of Petitioner’s Disability Evaluation System case review, Petitioner’s command provided a non-medical assessment that provided an opinion that she was capable of performing her military duties since her civilian position was similar in nature.  After considering Petitioner’s case, the PEB determined Petitioner was fit for continued active duty on 14 November 2018.  After the PEB findings in her case, a medical board addendum was provided that updated her Unspecified Trauma Related Disorder condition.  Based on this new addendum, Petitioner requested a formal hearing but was denied on 2 January 2019.  Petitioner also filed a Petition for Relief that was similarly denied.  Petitioner was subsequently released from active duty on 24 January 2019. 
 
     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 her request for a disability retirement.   The opinion points out Petitioner failed to provide evidence that rebuts the PEB findings that her military duties were similar to her civilian duties.  Petitioner provided rebuttal evidence that points out that she was not worldwide deployable or able to perform physical activities required an active duty member of the Navy.  Further, she pointed out that the medical board addendum documented the serious nature of her Unspecified Trauma Related Disorder.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board determined that the preponderance of the evidence supports returning Petitioner’s case to the PEB for a formal hearing.  While the Board agreed with the advisory opinion that insufficient evidence exists to place her on the disability retirement list or return her to active duty, in light of the 20 November 2019 medical board addendum that described the seriousness of Petitioner’s condition and questions her fitness for continued naval service, they felt the interests of justice dictate allowing Petitioner an opportunity to argue her case for unfitness to a formal PEB hearing with all associated due process rights.     
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by convening a formal PEB hearing to consider Petitioner’s evidence and arguments regarding her 14 November 2018 PEB findings.  All due process rights associated with the Disability Evaluation System will be afforded to Petitioner.   
 
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. 

7/6/2020