Docket No: 7929-19  
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) Psychiatric Advisor CORB letter 1910 CORB: 002 of 29 April 2020 
     (3) Director CORB letter 1910 CORB: 001 of 8 June 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 him on the disability retirement list. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 16 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 entered active duty with the Navy in June 2010.  In February 2016, a medical board diagnosed Petitioner with bilateral Chondromalacia of the patella and referred him to the Physical Evaluation Board (PEB).  Subsequent addendums to the medical board also referred Petitioner’s Major Depressive Disorder, single episode, Other specified anxiety disorder, Bilateral Plantar Fasciitis, Bilateral Hallux Abducto Valgus, and Right foot Achilles Tendinitis.  On 9 May 2016, the PEB found Petitioner unfit for continued naval service due to his bilateral Chondromalacia of the patella but concluded his other conditions were not separately unfitting.  Petitioner was assigned a 10% rating for each unfitting condition for a combined 20% rating. Petitioner requested a formal PEB hearing. 


c.  On 2 November 2016, a formal PEB hearing affirmed the informal PEB findings.  The rationale was that Petitioner’s plantar fasciitis was controlled and did not require medical intervention.  Additionally, the PEB relied on the non-medical assessment that did not reference any difficulties related to mental health.  Petitioner subsequently filed a Petitioner for Relief but was denied on 3 April 2017.  As a result, Petitioner was discharged from the Navy with severance pay on 25 June 2017. 

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 supports relief.  Specifically, the opinions state that the evidence supports a finding that Petitioner was unfit for his bilateral plantar fasciitis condition in addition to his original unfitting conditions.  However, the opinion also determined insufficient evidence of unfitness exists for a finding that Petitioner was unfit due to any mental health condition.  Based on the proposed 30% rating by the Department of Veterans Affairs (VA) for Petitioner’s bilateral plantar fasciitis condition, the opinion recommends placing Petitioner on the Permanent Disability Retirement List (PDRL) with a combined 40% rating. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief.  In this regard, the Board concurred with the Advisory Opinions at enclosures (2) and (3). Specifically, the Board determined that the preponderance of the evidence supports a finding that Petitioner was unfit due to his bilateral plantar fasciitis.  The Board noted that Petitioner was determined to be unable to perform his duties due to ongoing leg issues that were not specifically limited to his knees.  Therefore, they agreed with the advisory opinion that adding his bilateral plantar fasciitis as an unfitting condition was appropriate.  Based on the proposed VA rating of 30% for his bilateral plantar fasciitis, the Board also concluded that a combined 40% disability rating and placement on the PDRL was appropriate.  

Regarding Petitioner’s mental health condition, the Board determined that insufficient evidence of an occupational impairment exists in his record.  Specifically, the Board relied on the 20 January 2016 non-medical assessment which indicated his work impairment was due to his inability to perform physical duties because of his leg conditions. In the Board’s opinion, the assertion that he was not able to perform the duties of his office, grade, rank or rating due to a mental health condition was, based on the non-medical assessment, not supported by the evidence.  

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by placing Petitioner on the PDRL for Left knee Chondromalacia (VASRD DC 5003-5260) at 10%, Right knee Chondromalacia (VASRD DC 5003-5260) at 10%, and Bilateral Plantar Fasciitis (VASRD DC 5276) at 30%, for a combined rating of 40% effective the date of his discharge.  Petitioner’s conditions are not combat-related. Petitioner will be issued a new DD Form 214 consistent with the Board’s recommended change 
to his record. 

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. 



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