DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 09521-08
3 August 2009
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 on 23 July 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you were evaluated by the Physical
Evaluation Board (PEB) on 19 May 2006. It made preliminary
findings that you were unfit for duty by reason of physical
disability due to myofascial pain syndrome rated at 0%
disabling. Although the members of the PEB considered you fit
for duty in your assignment as a drug and alcohol counselor,
they found you unfit for duty because they thought you would be
unable to perform the duties of your primary military
occupational specialty as an ammunition technician because of
your abdominal pain. ‘the PEB determined that the posttraumatic
stress disorder with delayed onset, symptoms in remission, was
not unfitting and did not contribute to the unfitting condition.
You accepted the preliminary findings of the PEB on 31 May 2006,
and were discharged with entitlement to disability severance pay
on 15 July 2006. On 15 May 2007, the Department of Veterans
Affairs granted you a combined disability rating of 80% for
thirteen conditions. The combined rating was increased to 90% on
6 December 2007 and 100% on 22 April 2008. All ratings were
effective from 16 July 2006, the day following your discharge.
The Board was not persuaded that the myofascial pain syndrome
was ratable above 0% disabling at the time of your separation
from the Marine Corps, as it does not appear that there was more
than minimal impairment associated with that condition. It was
unable to conclude that you were unfit for duty due to
posttraumatic stress disorder, which was in remission. The
rating you received from the VA for posttraumatic stress
disorder was apparently based on the increase in severity of
that condition that occurred after you were discharged. In this
regard, the Board noted that your final fitness report and other
performance indicia demonstrate that you performed your duties
in an outstanding manner until you were discharged. Your
receipt of disability ratings from the VA for numerous
conditions that were not evaluated or rated by the PEB is not
probative of the existence of error or injustice in your naval
record because the VA assigned those ratings without regard to
the issue of your fitness for military duty, and you have not
demonstrated that any of those conditions rendered you unfit to
reasonably perform your military duties.
In view of the foregoing, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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