Docket No: 2751-20  
Ref: Signature Date  
From:Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref:  (a) 10 U.S.C. § 1552 
Encl: (1) DD Form 149 w/attachments 

1.  Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by changing his Physical Evaluation Board (PEB) finding to reflect his unfitting post-traumatic stress disorder (PTSD) condition is a combat-related injury as defined by Title 26, United States Code, Section 104(b)(3). 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 16 April 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 enclosure, relevant portions of Petitioner’s 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 regulation within the Department of the Navy.  

b.  Petitioner entered active-duty service in the Marine Corps in September 2008.  He deployed to Afghanistan in support of combat operations in 2010.  During this deployment, he was exposed to an improvised explosive device (IED) blast and small-arms fire. Petitioner was involved in two subsequent deployments in 2011 and 2013 to 2014.  On 30 March 2015, Petitioner was diagnosed with chronic PTSD due to his combat experiences and referred to the PEB.  The PEB found Petitioner unfit for continued naval service due to his PTSD and assigned him a disability rating of 70%.  The PEB also determined that his PTSD condition did not result from a combat-related injury as defined by Title 26, United States Code, Section 104(b)(3).  Petitioner was subsequently transferred to the Temporary Disability Retirement List (TDRL).  In 2017, the PEB found Petitioner unfit for continued naval service due to his PTSD condition and assigned him a 30% disability rating.  Again, the PEB determined that Petitioner’s PTSD did not result from a combat-related injury.  Petitioner was subsequently transferred to the Permanent Disability Retirement List pursuant to the PEB’s findings. 

c.  Petitioner appealed the PEB’s finding that his PTSD did not result from a combat-related injury to the Office of the Navy Judge Advocate General (OJAG). On 28 February 2019, the OJAG denied Petitioner’s appeal based on a finding that his request lacked evidence that he actively engaged in armed conflict or that his PTSD was incurred as a direct result of armed conflict. 

d. Petitioner provided a statement from his gunnery sergeant during his 2010 deployment to Afghanistan that states that Petitioner experienced multiple traumatic events, including exposure to an IED blast at approximately 50 feet in distance and small-arms fire exposure.  

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief.  Specifically, the Board determined that Petitioner’s PTSD condition was a combat-related injury as defined by Title 26, United States Code, Section 104(b)(3). The 
Board relied on the witness statement of Petitioner’s Motor Transport Operations Chief who witnessed Petitioner’s exposure to an IED blast at approximately 50 feet and his exposure to small-arms fire while deployed to Afghanistan in 2010.  Since the medical evidence shows that Petitioner’s PTSD developed as a result of his combat experiences, the Board concluded that his PTSD condition qualified as a personal injury or sickness that was incurred “as a direct result of armed conflict” under Title 26, United States Code, Section 104(b)(3)(A)(i).  The Board determined that Petitioner’s IED blast and small-arms fire exposure qualified as engagement with a hostile or belligerent for the purpose of meeting the definition of armed conflict.  Additionally, the Board concurred with the medical board’s opinion that Petitioner’s PTSD condition was the direct result of those armed conflict engagements. 

RECOMMENDATION 

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

Petitioner’s naval record be corrected by changing his PEB record to reflect that his PTSD was incurred as a result of a combat-related injury as defined by 
Title 26, United States Code, Section 104(b)(3).       

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 Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 

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