DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07442-07
27 October 2008
Dear Mr. in
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application of 9 October 2008. The Board concluded that so much
of your application as pertains to the expunction of records of
nonjudicial punishment and counseling entries was not timely
‘filed, and that it would not be in the interest of justice to
excuse your failure to submit those requests in a timely manner.
In this connection, the Board substantially concurred with the
comments contained in the enclosed advisory opinion from the
Judge Advocate Division, Headquarters Marine Corps, dated 12
March 2008.
After careful and conscientious consideration of your remaining
requests for correction of your record, the Board found that the
evidence submitted was insufficient to demonstrate the existence
of probable material error or injustice.
The Board was not persuaded that there is material error or
injustice in connection with your discharge by reason of
misconduct/minor disciplinary infractions, which was executed
pursuant to the approved findings and recommendation of an
administrative discharge board.
As you were pending separation by reason of misconduct, you were
not entitled to have the Physical Evaluation Board (PEB)
consider your medical board diagnoses of adjustment disorder and
chronic leg pain and evaluate your fitness for further service.
The Board concluded that it is unlikely you would have been
separated or retired by reason of physical disability even if
your case had been considered by the PEB, as it noted that an
adjustment disorder is not a disability under the laws
administered by the Department of the Navy. In addition, the
Board did not believe that your chronic leg pain, which was
largely subjective in nature, rendered you unfit to reasonably
perform the duties of your office, grade, rank or rating when
discharged by reason of misconduct /minor disciplinary
infractions on 26 May 1999.
In view of the foregoing, your application has been denied.
The Board did not consider recharacterizing your service as
honorable or under honorable conditions, as you did not exhaust
an available administrative remedy by applying to the Naval
Discharge Review Board for upgrade of your discharge.
You may request reconsideration of the Board’s decision.
Your request must include newly discovered relevant evidence
which was not reasonably available to you when you submitted
your application. The evidence may pertain to the timeliness of
your application or to its merits. Absent such additional
evidence, further review of your application is not possible.
It is regretted that a more favorable reply cannot be made.
Sincerely,
W. DEAN PPEIFRE
t
Executive Dir
Enclosure
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AF | PDBR | CY2011 | PD2011-00915
The Service ratings for unfitting conditions will be reviewed in all cases. The Board considered that both the PEB’s anxiety disorder and the CI’s noted VA PTSD diagnosis are mental health conditions with similar standards of fitness and use the same VA rating criteria of §4.130. In addition to the CI’s spinal fusion condition 40% rating, the CI should also be found unfit and rated for his mental health condition.
AF | PDBR | CY2014 | PD-2014-01099
Post-Separation)ConditionCodeRatingConditionCodeRatingExam Chronic Bilateral Lower Leg Pains… 5099-50220%Chronic Shin Splints, Right Lower Extremity 5299-52620%20070308Chronic Shin Splints, Left Lower Extremity5299-52620%20070308Adjustment Disorder with Anxious MoodNot UnfittingAdjustment Disorder with Anxious Mood (also Claimed as Anxiety)9435-944030%20070531Personality DisorderNot UnfittingNo Diagnosis20070531Vocal Cord DyskinesiaNot UnfittingVocal Cord Dysfunction -...
AF | PDBR | CY2009 | PD2009-00731
After his 2003 deployment, he denied any symptoms of PTSD. Other PEB Conditions . In the matter of the lower back condition (back pain and leg pain), the Board unanimously recommends a rating of 10% (coded 5237) IAW VASRD §4.71a.
AF | PDBR | CY2011 | PD2011-00509
An IPEB dated 7 April 2008 adjudicated “bilateral lower leg pain with CS as unfitting rated 21% (including bilateral factor) with application of the DoDI 1332.39 and VASRD. The left leg examination was normal and without pain. The Board determined therefore that none of the stated conditions were subject to service disability rating.
AF | PDBR | CY2013 | PD2013 00546
The MEB also identified and forwarded anxiety disorder (meets retention standards).The Informal PEB adjudicated “chronic low back pain evaluated as Spondylolisthesis”as unfitting, rated 20%,with application of the VA Schedule for Rating Disabilities (VASRD).The remaining condition, anxiety disorder was determined to be not unfitting and therefore not rated. At the VA C&P exam performed almost 4 months after separation, the diagnosis was adjustment disorder with anxiety and depressed mood...
AF | PDBR | CY2010 | PD2010-01220
The PEB adjudicated the RSD condition as unfitting, rated 10%, with likely application of AR 635-40 and the Veterans Administration Schedule for Rating Disabilities (VASRD). Therefore, the Board relied on the findings in both exams in determining its coding and rating recommendations, with the NARSUM addendum and service exams having the predominate weighting. In the matter of the reflex sympathetic dystrophy (RSD) condition, the Board by a 2:1 vote recommends a rating of 30% coded...
AF | PDBR | CY2014 | PD-2014-02739
Pre-Separation) ConditionCodeRatingConditionCodeRatingExam Chronic Low Back Pain5299-523720%Lumbosacral Spine Degenerative Disc Disease (DDD)524320%20080221Adjustment DisorderNot Unfitting /Not CompensableAnxiety Disorder941310%20080304Adjustment Disorder9440NSC20080304HyperlipidemiaNot UnfittingNo VA PlacementOther x 0 (Not In Scope)Other x 3 RATING: 20%RATING: 30% *Derived from VA Rating Decision (VARD)dated 20080722(most proximate to date of separation [DOS]) Low Back Pain (LBP) . The...
AF | PDBR | CY2013 | PD 2013 00870
The back pain condition, characterized as “chronic myofascial thoracic pain syndrome,” was forwarded to the Physical Evaluation Board (PEB) as not meeting medical standards IAW AFI 48-123. X-rays and computer aided tomograms of the spine done as part of his work up were normal without evidence of fracture or disc problem.The MEB narrative summary (NARSUM) dated 24 May 2007,7 months prior to separation,described in the physical examination that the CI demonstrated “…normal gait and station,...
AF | PDBR | CY2010 | PD2010-01179
The Board uses DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness decisions and rating determinations at the time of separation. The PEB and the VA had coded and rated the back condition differently. Other PEB Conditions.
AF | PDBR | CY2010 | PD2010-00668
Left leg pain and weakness -gives away. All evidence considered there is not reasonable doubt in the CI’s favor supporting addition of the left lower extremity radiculopathy condition as an unfitting condition for separation rating. I have carefully reviewed the evidence of record and the recommendation of the Board.