Docket No: 5390-19 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 4 May 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 change his narrative reason for separation to disability. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 14 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 May 2001. He asserts an injury to his right knee occurred in February 2002 during a hazing incident. However, he initially reported right knee pain in April 2002 after playing football. A medical board diagnosed Petitioner with chondromalacia patella and knee ligament disruption before referring him to the Physical Evaluation Board (PEB) in June 2003. On 27 August 2003, the PEB found Petitioner fit for continued active duty based, in part, on a non-medical assessment that documented his acceptable performance within his rate and paygrade. Additionally, a performance evaluation from May 2003 documented his performance as within fleet standards and noted that he received a letter of commendation within the reporting period prior to his referral to the PEB. c. Petitioner continued to experience right knee pain symptoms and underwent arthroscopic knee surgery after being diagnosed with an anterior cruciate ligament tear, lateral meniscus tear, synovitis, and medical shelf syndrome. As a result of his knee condition, Petitioner was determined not to be suitable for operational duty and recommended for administrative separation for condition not a disability. Petitioner was notified of administrative separation processing on 30 November 2004 and discharged on 22 December 2004 with an Honorable characterization of service. Petitioner alleges he was not afforded the necessary due process in his administrative separation since he was not counselled on his performance deficiencies and not provided with copies of his administrative separation documents after his discharge was approved. d. In correspondence attached at enclosure (2), the office having cognizance over Petitioner’s request to change his narrative reason for separation to disability determined that the evidence supports relief. Specifically, the opinion states that Petitioner’s knee surgeryin 2004, when resolving doubt to the Petitioner’s benefit, supports a finding of unfitness for Right Knee Patellofemoral Syndrome with Meniscal Tear and Knee Ligament Disruption, Status Post Arthroscopic Surgery with a 10% rating. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting 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 changing Petitioner’s narrative reason for separation to disability based on his right knee arthroscopic surgery conducted approximately four months prior to his administrative discharge for condition not a disability. The Board noted he was on convalescent leave until 12 November 2004 prior to his departure on terminal leave and Petitioner, while likely to eventually recover from his surgery to perform his duties as an Admission Clerk, probably would have been found unfit for continued naval service at the time of his discharge and assigned a 10% disability rating. The Board found no medical or performance related evidence to support a finding of unfitness for any other disability condition or a disability rating greater than 10% at the time of his discharge. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner’s naval record be corrected by changing Petitioner’s narrative reason for separation to Disability. Petitioner will be issued a new DD Form 214 with associated changes consistent with the new narrative reason. 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 Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.