DEPARTMENT OF THE NAVY BOARD.FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 · ARLINGTON, VA 22204-2490 Docket No: 5894-15 From: Chairman, Board for Correction of Naval Records To : Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref : (a} Ti tle 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) Subject's naval record 1 . Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (l) with this Board ' requesting, in effect, that the applicable naval record be corrected to place her on the Permanent Disability Retirement List (PDRL). 2 • The Board, r eviewed Petitioner s a ega ions o error an i nJus ice on arc 2016 and, pursuant to its regulations, determined that the corrective action indicated below shoul d be taken on t he available evidence of record. Documentary material considered by t he Board cons i sted of the encl osures, naval records, and appl icable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to lI Peti tioner's allegations of error and injustice, finds as follows : ! I a. Before appl ying to this Board, Petitioner exhausted all administrative remedies availabl e under existing law and regulations within the Department. of. the Navy. b. on 5 December 2013, Petitioner was incorrectly issued a 0% disabil ity rating for Transient Alteration of Awareness by the Physical Evaluation Board {PEB) based on an erroneous Department of Veterans Affairs _{VA} reconsideration issued 20 November 2013. This resulted i n her discharge on 30 January 2014. c . On 21 January 2014, the VA issued a reconsiderati on rating of 30% for Petitioner's unfitting condition resulting in the PEB cancel ling their 5 December 2013 findings. d. · On 3 April 2014, the PEB concurred wi t h t he VA' s reconsideration finding and issued a 30% disability rating for the Petitioner thereby.placing her on the PDRL. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: a. Pet~tioner was not discharged from the Marine Corps on 30 January 2014. b. Petitioner was placed on the Permanent Disability Ret irement List with a disability rating of 30% for Transient Alteration of Awareness, VARD Code 8100, effective 3 April 2014. c. A copy of this Report of Proceedings will be filed in Petitioner' s naval record. 4. It is certified that 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 Regulations, 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. Executive Director 2