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 w/attachments 
(2) Psychiatric Advisor CORB letter 1910 CORB: 002 of 9 September 2020 
(3) Director CORB letter 1910 CORB: 001 of 30 September 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 50% rating for his Post-Traumatic Stress Disorder (PTSD).    
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 22 October 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 entered active duty with the Navy in January 2002 and served as a Navy SEAL.  Petitioner deployed to Afghanistan in October 2003 and was part of 33 combat missions through February 2004.  After returning from deployment, he sought mental health treatment for depression symptoms associated with family deaths and his military duties.  Eventually, he was diagnosed with an adjustment disorder with depressed mood on 15 March 2006 and recommended for administrative separation.  On 31 August 2006, Petitioner was discharged for condition not a disability.  Post-discharge, the Department of Veterans Affairs diagnosed Petitioner with PTSD and assigned a disability rating of 50% for his condition effective 30 May 2007. 
 
     c.  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. 

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 placing Petitioner on the Permanent Disability Retirement List for his PTSD condition effective the date of his discharge from the Navy.  The Board agreed with the advisory opinions that Petitioner was, more likely than not, misdiagnosed on 15 March 2006 with an adjustment disorder based on his medical history.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by placing Petitioner on the Permanent Disability Retirement List for PTSD, VASRD Code 9411, with a 50% disability rating effective 1 September 2006.  Petitioner’s disability condition did result from 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 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.