DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No : 8 Apr 16 6511-15 From: To: Chairman, Board f or Correcti on of Naval Records Secret ary of t he Navy Ref : (a} Tit le 10 U. S.C. 1552 Encl: (1) (2) DD Form 149 w/attachments Subject 's naval record 1. Pursuant to the provisions of reference referr ed t o as Petitioner, filed enclosure (a ) (1) Subj ect, with thi s hereinafter Board requesting , in effect, that the applicable naval record be corrected to place him on the Permanent Disability Ret irement List (PDRL) . --reviewed Pet itioner's allegations of error and injustice on a April 2016 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, 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 withi n the Department of the Navy. b . Petitioner entered the Navy Reser vein 2005. He served i n Iraq .between July 2006 and Apr 2007 where he experienced traumatizing combat related events that resulted in Post-traumatic Stress Disorder (PTSD} symptoms. c. Petitioner redeployed to Afghanistan where he was part of a convoy that was st ruck by an improvised expl osive device. This incident aggravated Pet i t ioner' s PTSD symptoms. d. Petitioner was seen by ment al health professionals in February 2011 and diagnosed with an anxiety disorder. He was cleared for release from active duty on 7 March 2011 with an adj ustment disorder with anxiety diagnos i s . e. On 21 April 2011, Petitioner was di scharged from active duty. f. on 14 December 2011, Petit ioner was transferred to the Individual Ready Reserve (IRR). g. Petitioner was subsequently rated 100% disabled by the Department of Veterans Affairs for servi ce connected PTSD on 14 May 2013. h. Petitioner was discharged from the IRR on 29 September 2013 . i. On 2 December 2013, Commander, Navy Reserve Forces Command provided an advisory opinion t o the Board stating the Petitioner was improperly transferred to the IRR with existing service connected injuries. In addition, the opinion states that Petitioner was improperly discharged without his medical concerns being address. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following partial corrective action . The Board had insufficient evidence to determine whether Petitioner's conditions that existed at the time of his discharges warranted his placement on the PDRL .. However, the Board substantially concurred with the advisory opinion provided by Commander, Navy Reserve Forces .Command and concluded that Petitioner's potentially unfitting disability condition was not properly assessed and an error occurred with Petitioner's transfer to the IRR and eventual discharge from the Navy Reserve. The Board determined t hat the Petitioner warrants being reinstated to the Navy Reserve for a medical retention review. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: a . Petitioner was not transferred to the IRR on 14 December 2011 or discharged from the IRR on 29 September 2013 . b. A copy of this Report of Proceedings will be fi led in Petitioner's na~al record. 4 . It is certi fied that quorum was deliberations, and that the foregoing the Board's proceedings in the above 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures or the Board for Correction of Naval Records (32 ~ode of Federal Regul ations, Section 723.6 (e)) and having assured compliance with its provi sions, it is hereby announced that the foregoing corrective act ion, taken under t he authority of reference (a), has been approved by the Board on behalf of the Secretary of the .Navy. Executive Director 3