DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10073-16 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO [NAME REDACTED] Ref: (a) Title IO 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 place him on the retired list with associated benefits. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 8 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 ofthe 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 within the Department ofthe Navy. b. Petitioner entered active duty with the Navy in November 1983 and served until his placement on the Temporary Disability Retirement List (TDRL) on 5 October 2004. He was determined to be unfit for continued naval service by the Physical Evaluation Board for PostTraumatic Stress Disorder (PTSD) with a 30% disability rating. At the time ofhis placement on the TDRL, Petitioner had over 20 years of qualifying service for retirement. c. The Department ofVeterans Affairs (VA) rated Petitioner's PTSD condition at 30% effective 6 October 2004. His PTSD rating was increased to 100% effective 2 August 2008. d. Petitioner was recommended for placement on the Permanent Disability Retirement List (PDRL) on two separate occasions as part ofTDRL periodic examinations; on 31March2008 and 14 October 2009. However, Petitioner was administratively removed from the TDRL that same year. CONCLUSION Upon review and consideration ofall the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. The Board determined that an injustice exists in Petitioner's record that warrants his placement on the PDRL. Petitioner provided sufficient evidence to show he should have been placed on the PDRL for his PTSD condition prior to his administrative removal from the TDRL. The Board concluded that his VA rating for PTSD was sufficient evidence to place him on the PDRL effective the date ofhis first TDRL periodic examination. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner was placed on the PDRL for Post-Traumatic Stress Disorder, VASRD 9411, with a disability rating of 100% effective 31 March 2008. A copy ofthis Report of Proceedings 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 of authority set o i ofthe revised Procedures of the 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 of reference (a), has been approved by the Board on behalf of the Secretary ofthe Navy. Executive Director