From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MBR  
  
 
Ref: (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Psychiatric Advisor CORB letter 1910 CORB: 002 of 27 July 2020 
        (3) Director CORB letter 1910 CORB: 001 of 13 August 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.  
                                                
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 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 enters service with the Navy in March 2010.  He eventually enters Basic Underwater Demolition/SEAL training.  While he is in training, Petitioner is struck by a motor vehicle on 13 December 2012 resulting in multiple serious injuries.  Petitioner is eventually diagnosed with Traumatic Brain Injury (TBI) and Adjustment Disorder and referred to the Physical Evaluation Board (PEB).  The PEB found Petitioner unfit for his TBI and Adjustment Disorder with a combined 60% disability rating.  Petitioner was transferred to the Temporary Disability Retirement List (TDRL) on 27 November 2013.   
 
     c.  Post-retirement, Petitioner underwent multiple periodic examinations between September 2015 and July 2016 that documented his continuing disability symptoms but also his successful transition to becoming an emergency medical technician and stable personal relationship.  As a result, the PEB lowered Petitioner’s Adjustment Disorder rating to 10% while maintaining his TBI rating at 10%.  After a formal hearing, the PEB determined Petitioner’s adjustment disorder was no longer unfitting.  Petitioner was discharged with severance pay after his Petition for Relief was denied. 
 
     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 relief.  The opinions state that the medical evidence supports a 30% rating for Petitioner Adjustment Disorder but recommends removal of his TBI rating since his symptoms are behavioral in nature and attributable to his Adjustment Disorder.  
 
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 preponderance of the evidence supports a finding that Petitioner was unfit for continued naval service for his Adjustment Disorder with a 30% rating.  However, the Board also agreed with the advisory opinions that Petitioner’s TBI symptoms were behavioral in nature and are covered by his Adjustment Disorder rating.  Therefore, his TBI condition should be removed as an unfitting condition to avoid telescoping and Petitioner should be placed on the Permanent Disability Retirement List (PDRL) solely for his Adjustment Disorder. 
 
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 Adjustment Disorder, VASRD 9440 at 30%, effective the date of his discharge from the Navy.   
 
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.