DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 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 (2) Senior Medical Advisor CORB letter 5220 CORB: 002 of 19 May 2021 (3) Director CORB letter 5220 CORB: 001 of 2 June 2021 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 place him on the disability retirement list. 2. The Board, consisting of Ms. , Mr. , and Ms. , reviewed Petitioner's allegations of error and injustice on 19 August 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 February 2002. In September 2004, while deployed to Iraq, he suffered several shrapnel wounds to his right leg that resulted in a medical evacuation for treatment. After undergoing surgery, Petitioner was placed on limited duty for his leg injuries. In June 2005, he was continued on limited duty despite evidence that Petitioner was able to run two miles with improving functions. A medical report from 8 September 2005 indicates he suffered from neck pain, in addition to continued leg issues, but was able to perform his assigned desk duties with no lost time from work. However, the report noted that he continued to be impaired by his leg condition. On 10 February 2006, Petitioner was discharged at the end of his required active service and assigned a RE-1A reenlistment code consistent with the separation physical that cleared him for discharge. Post-discharge, the Department of Veterans Affairs (VA) rated Petitioner for a number of service connected disability conditions including right leg blast injury residuals (20%), cervical strain (10%), tinnitus (10%), Post-Traumatic Stress Disorder (PTSD)(30% in 2007), and Traumatic Brain Injury (TBI)(0% - 2007, 70% - 2008). His record shows Petitioner is currently rated a combined 100% by the VA. c. Petitioner argued that he deserve to be placed on the disability retirement list. He asserted that he was unfit for continued naval service at the time of his discharge due to his leg condition in addition to his cervical strain, tinnitus, TBI, and PTSD. Petitioner believes that a referral to the Disability Evaluation System would have resulted in his placement on the disability retirement list. 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 partial relief. The opinion states that the evidence supports a finding that Petitioner was unfit for continued naval service as a result of his lower right leg blast injury residuals. The opinion further states that, despite their determination that Petitioner was unfit due to his leg condition, there was insufficient evidence he was unfit for any of his other claimed conditions. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief. In making their findings, the Board substantially concurred with the advisory opinions in the case. Specifically, that Petitioner was unfit for continued naval service due to his lower right leg blast injury residuals and should be assigned a 20% disability rating consistent to his 2006 VA rating issued upon his discharge from the Marine Corps. Based on the origins of his leg injuries, the Board also concluded his disability condition was incurred as a result of armed conflict as defined by 26 U.S.C. § 104(b)(3). In addition to their findings of unfitness for Petitioner’s leg condition, the Board also found the preponderance of the evidence does not support a finding that Petitioner was unfit for his cervical strain, tinnitus, TBI, or PTSD. In making this finding, the Board determined Petitioner’s active duty record does not support a finding that these conditions prevented him from performing the duties of his office, grade, rank, or rating. While his record was replete with medical evidence that showed he continued to suffer debilitating leg pain that affected his ability to perform physical activities, the Board found no similar evidence with regard to the other claimed conditions. As a result, the Board determined insufficient evidence of error or injustice exists to merit a change to Petitioner’s record as to the other claimed conditions. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by changing Petitioner’s narrative reason for separation to “Disability with Severance Pay, Combat Related,” Separation code “JFI1,” Separation Authority “MARCORSEPMAN paragraph 8401,” and Reenlistment code “RE-3P.” Petitioner will be issued a new DD Form 214 consistent with these changes. 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. 8/21/2021