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) HQMC memorandum 6100 RMED WWR of 13 January 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 establish Petitioner’s eligibility for line of duty benefits and a medical board review.        
                                         
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 28 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 January 2004.  He served without incident until the completion of his required active service in January 2013 but his service included two combat tours to  and .  Subsequent to his release from active duty, Petitioner transitioned to the Marine Corps Reserve.  Upon his transfer to the Reserve, he commenced treatment for Post-Traumatic Stress Disorder symptoms in 2014.  Petitioner stopped his treatment when mobilized in support of Operation Inherent Resolve in October 2015 and completed his period of active duty in June 2016.  Again, Petitioner commenced treatment for his mental health symptoms upon release from active duty service.  However, on this occasion, this resulted in his placement in a Temporary Not Physically Qualified (TPNQ) status in October 2016. 
 
     c.  As a result of his TPNQ status, Petitioner filed for Medical/Incapacitation Pay benefits in July 2017.  This request was denied by Program Manager, Reserve Medical Entitlements Determination Section on 24 September 2017 based on a number of factors including a determination that the evidence did not support a finding that Petitioner was incapacitated.  Petitioner did not appeal the decision and was transferred to the Inactive Ready Reserve (IRR) in April 2018.  Records indicate Petitioner was later discharged from the Marine Corps Reserve at the end of his obligated service. 
 
     d.  While Petitioner was on the IRR, the Department of Veterans Affairs (VA) diagnosed Petitioner with PTSD based on his Afghanistan deployment.  His disability rating was increased to 70% for PTSD. 
 
     e.  In correspondence attached at enclosure (2), the office having cognizance over Petitioner’s request to be granted line of duty benefits and a medical board review determined that the evidence supports relief.   
                                    
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief.  Specifically, the board concurred with the advisory opinion in Petitioner’s case and concluded the 24 September 2017 decision to deny him line of duty benefits should be reversed.  The Board concluded sufficient evidence exists to approve his 16 July 2017 request for Medical/Incapacitation Pay and that his case should be forwarded to a medical board for review.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by approving Petitioner’s 16 July 2017 request for Medical/Incapacitation Pay.  Petitioner will be reinstated to the Marine Corps Reserve for the purpose of a medical board review of his PTSD condition and to be allowed sufficient time to submit any necessary medical documentation in support of his request for Medical/Incapacitation Pay.   
 
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.