DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204--2490 

Docket  No:  7344-15  
From: · To:  Chai rman, Board for Correction Secretary of the Navy  HAY 2 0 2016 of Naval Records  
Subj :  

Ref: (a) Ti tle 10 u.s.c. 1552 
Encl: (1) DD Form 14 9 w/attachments 
(2) Subject's naval record 
1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that t he applicable naval record be corrected to place him on the Permanent Disability Retirement List . 
2 . The Board, reviewed Petitioner s a ega ions o error an 1nJust1ce on 15 Apr1 2016 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Document ary material considered by the Board consisted of the enclosures, naval records, and applicable statut es, r egulations and 
policies. 
3. The Board, having reviewed all t he 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 was discharged from the Marine Corps in January 2012 at the end of his obligated active service. He was determined to be physically fit for separation despite being treated for a back condition t hat would leave him incapacitated at various times. Treatment for his back condition would involve spinal steroid injections. 

c. In November 2012, Petitioner was admitted to a hospital after complaining of severe back pain and paralysis of his lower extremities. He was diagnosed with a compressed thoracic cord caused by a staph infection. Back surgery eliminated the compression of hi s spinal cord but left Peti tioner paral yzed i n his lower extremities. Department of Veterans Affairs physicians trace his inf~ction to back trauma he received in 2011. 

d. Petitioner's personal appearance before t he Board was determined to be Wlilecessary. The Board felt it had sufficient evidence t o make a decision in his cas.e and his presence was not required. 

CONCLUSION 
Upon review and consideration of all the evidence of record, the Board determined that an injustice warranting the following corrective action exists. Petitioner incurred the injury that led to his permanent disability and paralysis while in the Marine Corps. Even though he was determined t o be physically fit for separation prior to his discharge in January 2012, the Board believes· he was symptomatic of his condition prior to discharge and that additional evaluation by the Marine Corps would have revealed the existence of the disability condition. Therefore, the majority concluded that an injustice was created when the Marine Corps released the Petitioner from active duty and he later suffered a catastrophic disability resulting in the paralysis of his lower extremities. The Majority determined that it was appropriate to correct his record to place him on the PDRL consistent with his Department of Veterans Affairs rat ing for his paralysis. 

RECOMMENDATION: 
That Petitioner's naval record be corrected, where appropriate, to show that : 

a. Petitioner be placed on the Permanent Disability Retirement List with a disability rating of 100% for Bi-lateral l ower extremity paraplegia, VASRD 8599-8520-8526, effective 23 January 2012 . 

b. 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 e 

5. Pursuant to the delegation of ction 6(e) of the revised Procedures of the Board for Correction of Naval Records {32 Code of Federal Regulations, Section 12·3 .· 6 (e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under t he authori ty of reference (a), has been approved by the Board on .behalf of the Secretary of the 
Navy. 

Executive Director