DEPARTMENT OF THE NAVY 

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

Docket No: 10007-16 
JUL 02 2017 

From: Chairman, Board for Correction of Naval Records 
To: Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD ICO [NAME REDACTED]

Ref: (a) Title 10 U.S.C. 1552 
Encl: (1) DD Form 149 w/attachments 
(2) Subject's naval record 

1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed 
enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected 
to increase your Physical Evaluation Board (PEB) disability rating to 70%. 

2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 1 June 2017
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 ofrecord 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 ofthe Navy. 

b. Petitioner was found unfit for continued naval service by the PEB on 25 August 2014 for 
his left hip osteoarthritis status post total hip replacement condition with a 30% disability rating. 
The disability rating was consistent with the final Department of Veterans Affairs (VA) 
disability rating issued on 22 October 2014 after reconsideration. Petitioner was placed on the 
Permanent Disability Retirement List (PDRL) on 30 March 2015 with a 30% rating. 

c. Pursuant to a National Military Medical Center issued medical report, the VA 
concluded that it made a "clear and unmistakable" error in rating the Petitioner's unfitting 
condition and corrected their disability rating on 11 August 2016. Their rating was backdated to 
the date ofthe Petitioner's placement on the PDRL. 

d. Regarding Petitioner's request for a personal appearance, the Board determined that a 
personal appearance with or without counsel would not materially add to their understanding of 
the issue(s) involved. Therefore, the Board determined that a personal appearance was not 
necessary and considered his case based on the evidence ofrecord. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, the Board finds the existence ofan 
injustice warranting the following corrective action. 

The Board concluded that an injustice exists in Petitioner's PEB record that warrants correction. 
Specifically, the Board determined that the Petitioner's unfitting condition was erroneously rated 
by the VA which led to the PEB to issue an inaccurate disability rating as part ofthe Integrated 
Disability Evaluation System. Based on the VA's admission that it made an error in rating 
Petitioner's unfitting condition and the correction ofhis rating to 70%, the Board concluded that 
Petitioner's PEB issued disability rating should be correspondingly increased to 70%. 

RECOMMENDATION 

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

Petitioner was unfit for continued naval service for osteoarthritis hip status post total 
hip replacement, VASRD 5034, with a disability rating of70%, and placed on the PDRL 
effective 31March2015. 

A copy ofthis Report ofProceedings will be filed in Petitioner's naval record. 

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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Sec ion 6(e) ofthe revised Procedures ofthe 
Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on 
behalf ofthe Secretary of the Navy. 

Executive Director