DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4240-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) Director CORB letter 1910 CORB: 001 of 17 April 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 find him unfit for a stomach condition, gastrointestinal disease, and sever back pain. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 May 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 entered active duty with the Navy in October 1989. He was referred to the Physical Evaluation Board (PEB) by a medical board on 4 June 1996 for chronic recalcitrant bilateral patellofemoral syndrome. The PEB found Petitioner unfit for continued naval service due to his bilateral knee condition and assigned him a 10% disability rating resulting in his discharge from the Navy on 18 March 1997. c. Post-discharge, the Department of Veterans Affairs (VA) rated Petitioner for a number of service connected disability conditions. His bilateral knee condition rating was changed to individual knee ratings of 10% for a combined 20% and Petitioner was rated for Gastrointestinal esophageal reflux disease at 0% effective in 2005. The VA denied Petitioner’s claim for arthritis of the lumbar spine. d. In correspondence attached at enclosure (2), the office having cognizance over Petitioner’s request to change his PEB findings determined that the evidence supports partial relief. The opinion states that Petitioner’s PEB rating for his bilateral knee condition should have been rated at 20% consistent with his post-discharge VA ratings. However, the opinion concluded the evidence did not support a finding of unfitness for his gastrointestinal or back conditions since the VA rated those conditions at 0% or not service connected. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial relief. In this regard, the Board concurred with the Advisory Opinion at enclosure (2). Specifically, the Board determined that the preponderance of the evidence supports a finding that Petitioner’s PEB assigned disability rating should be changed to a combined 20% consistent with his VA assigned rating for his bilateral knee condition. However, the Board also agreed with the advisory opinion that the preponderance of the evidence does not support a finding that he was unfit for any of the other claimed disability conditions. This finding was based on the fact the VA rated his gastrointestinal condition at 0% and found his back condition not service connected. When considered with the fact he neither condition was referred to the PEB by his medical providers, the Board concluded the evidence showed these conditions did not create a sufficient occupational impairment while Petitioner was in the Navy to merit a finding of unfitness for continued naval service. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by changing Petitioner’s PEB findings to a combined 20% disability rating vice 10%. 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.