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So too does his argument the demo court didn't contemplate his function overall performance. Mr. Malcolm would not argue that his prognosis of occupational problems (or his provisional prognosis of adjustment ailment) could have been thought of a compensable disability-whether or not These challenges or Problems had rendered him unfit for company. That is not shocking provided that the suitable regulations in force at time he served spelled out that, although problems like "Adjustment Diseases" "might turn into The premise for administrative separation," they "tend not to represent a physical disability despite the reality they may render a member struggling to perform his or her duties." SECNAVINST 1850.4E, enclosure 8, ¶ 8013(a)(4) (emphasis additional). Accordingly, although Mr. Malcolm's conclusory assertion which the trial court unsuccessful to look at his operate general performance were being suitable, it will fail mainly because he has not demonstrated that under the circumstances below either the Promises Court or perhaps the BCNR was necessary to think about his work effectiveness. Following, Mr. Malcolm argues which the trial court utilized the incorrect regulation since it "did not invoke the liberal thing to consider regular beneath [the] Hagel, Carson, and Kurta Memos." Appellant's Inf. Br. two. Mr. Malcolm does not elaborate on this argument. In any function, the BCNR utilized liberal thing to consider to his ask for for correction and did so to his benefit. In its pre-remand determination, the BCNR used liberal thing to consider in upgrading Mr. Malcolm's narrative reason for separation to Secretarial Authority and his characterization of support to Normal beneath Honorable disorders. Appx37. The BCNR then affirmed These updates in its post-remand determination. Appx13. Mr. Malcolm has neither pointed to where by he argued to the Claims Court docket in regards to the liberal thought typical under the Memos nor shown which the Statements Courtroom erred by not discussing that regular in its selection. Ultimately, Mr.

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