From:   Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD ICO   
  
Ref:     (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149 
 (2) Psychiatric Advisor CORB letter 1910 CORB: 002 of 22 June 2020 
(3) Director CORB letter 1910 CORB: 001 of 8 July 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 with a combat-related determination for his unfitting disability condition.  Petitioner case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 
                                              
2.  The Board, consisting of     , reviewed Petitioner's allegations of error and injustice on 17 September 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 the 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 Marine Corps in February 1999.  He was eventually found unfit for continued naval service by the Physical Evaluation Board (PEB) on 12 July 2010 for Bipolar Disorder and assigned a 10% disability rating.  After accepting the PEB findings, Petitioner was discharged with severance pay on 30 August 2010 pursuant to his PEB findings. 
 
     c.  Post-discharge, the Department of Veterans Affairs rated Petitioner for a number of disability conditions including thoracolumbar myofascial syndrome, left shoulder subracromial bursitis, and Bipolar disorder.  His Bipolar Disorder was eventually rated at 70% in 2013.  This Board previously denied Petitioner’s request to be placed on the disability retirement list in 2015 and 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 his request.  The opinion states that Petitioner’s bipolar symptoms support a rating of 70% and his placement on the Permanent Disability Retirement List (PDRL).  However, the opinion also states there is insufficient evidence to support a finding of unfitness for any other disability condition. 
                                    
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 evidence supports changing Petitioner’s bipolar disorder rating to 70% and placing him on the PDRL retroactively to the date of his discharge.  However, the Board also concurred with the advisory opinion that there was insufficient evidence of an occupational impairment due to his other service connected disability conditions. 
 
Regarding Petitioner’s request for combat-related status for his unfitting condition, the Board concluded Petitioner had not yet exhausted his administrative remedies since there is no evidence he appealed the PEB combat-related decision to Navy Judge Advocate General (JAG).  Petitioner must first appeal the PEB combat-related decision by letter addressed to the Judge Advocate General of the Navy (Code 131), Washington Navy Yard, 1322 Patterson Ave SE, Suite 3000, Washington, DC 20374-5066.  Petitioner may submit another application to this Board should his appeal to JAG be denied. 
 
Additionally, the Board did not consider Petitioner’s request for Combat-Related Special Compensation (CRSC) since there was no evidence he had applied to the CRSC Board or met the statutory eligibility requirements for CRSC.  Petitioner is required to exhaust his administrative remedies prior to applying to this Board. 
 
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 Bipolar Disorder, VASRD DC 9432 at 70%, effective the date of his discharge.  Petitioner will be issued a new DD Form 214 consistent with this change.          
 
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.