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 3 November 2020 
 (3) Director CORB letter 1910 CORB: 001 of 25 November 2020   
 (4) Petitioner advisory opinion response of 29 December 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 his naval record be corrected to establish Petitioner’s eligibility to be placed on the disability retirement list.   
                                              
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 14 January 2021, 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 August 2001.  He deployed to  in support of combat operations in 2003 and 2004.  During his 2004 deployment, Petitioner was exposed to an Improvised Explosive Device explosion that resulted in a Traumatic Brain Injury (TBI) and Post-Traumatic Stress Disorder (PTSD).  He received a Purple Heart as a result of his injuries.  Post-deployment, Petitioner reported PTSD and TBI symptoms but was medically cleared for separation in May 2005.  As a result, Petitioner was discharged at the end of his obligated active service and assigned a RE-1A reenlistment code.   
 
     c.  Post-discharge, the Department of Veterans Affairs (VA) assigned Petitioner a disability rating of 0% for PTSD and Cognitive Disorder secondary to TBI.  His disability rating for these conditions was increased to 30% in 2007 and to 70% in 2012. 
 
     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 the preponderance of the evidence supports placing Petitioner on the Permanent Disability Retirement List (PDRL) with a 50% rating for PTSD and Cognitive Disorder secondary to TBI.  The opinion relied on statements from Petitioner chain of command that described his level of occupational impairment along with military medical records that documented his injuries and treatment.  Petitioner provided a response to the advisory opinions requesting the Board adopt the findings of the opinions. 
                                    
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice 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 PDRL due to his TBI condition.  Despite evidence Petitioner would not have qualified for placement on the disability retirement list at the time of his discharge due to his 2005 0% VA rating for his condition, the Board concluded supplemental evidence provided in Petitioner’s application supports a finding that Petitioner was suffering from symptoms that would have justified a 50% rating at the time of his discharge.      
 
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 Post-Traumatic Stress Disorder and Cognitive Disorder secondary to Traumatic Brain Injury, VA DC 9327-9411, with a 50% disability rating effective the date of his discharge from the Marine Corps.  Petitioner’s disability condition was the result of a combat related injury as defined by Title 26, U.S. Code, Section 104(b)(3) and incurred in a combat zone. 
 
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.