DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OFNAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 1268-16 
APR 08 2017 

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

Subj: REVIEW OF NAVAL RECORD ICO 

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 of reference (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 himon the disability retirement list. 

2. The Board, consisting of , reviewed 
Petitioner's allegations of error and iajustice on 16 March 2017 and, pursuant to its regulations, 
determined that the corrective action indicated below should be taken on the available evidence 
ofrecord. Documentary material considered by the Board consisted ofthe enclosures, naval 
records, and applicable statutes, regulations and policies. The Board also considered the 
advisory opinions contained in BUMED letter 5740 SerM34/16UM36050of15 November 2016 
and Director, Secretary ofthe Navy Council of Review Boards letter 5220 CORB: 002 of22 
February 2017. 

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 of the Navy. 

b. Petitioner reenlisted in the Navy in September 2001 after serving six years, one month and 
13 days ofprior active service. Petitioner started experiencing fainting spells and 
lightheadedness in 2005 that could not be diagnosed by Navy medicine. He was later placed on 
limited duty with an initial diagnosis ofsyncope while further testing was undertaken. However, 
while he was being treated, he met the requirements ofadministrative separation processing for 
High Year Tenure resulting in his discharge without referral to the Disability Evaluation System. 
Petitioner was discharged on 14 August 2009 for High Year Tenure. He was later diagnosed 
with Epilepsy by his civilian provider. 

c. In regard to Petitioner's request for a personal appearance, the Board determined that a 
personal appearance was not necessary and considered the case based on the evidence ofthe 
record.
 
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 concluded that Petitioner was unfit for continued naval service due to Epilepsy, 
Grand Mal at the time ofhis discharge from the Navy and should have been referred to the 
Disability Evaluation System. In making this finding, the Board relied upon the rationale 
provided in both advisory opinions. The Board also concluded that Petitioner's condition 
warrants a disability rating of 80% and placement on the Temporary Disability Retirement List 
(TDRL) based on the advisory opinion provided by Director, Secretary ofthe Navy Council of 
Review Boards. The Board concluded that Petitioner should be required to submit to a final 
periodic examination to make a final determination on his disability status. 

RECOMMENDATION: 

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

a. Petitioner was found unfit for continued naval service for Epilepsy, Grand Mal, 
VASRD 8910, with an 80% disability rating and placed on the Temporary Disability Retirement 
List effective 14 August 2009. The Board also directs that Petitioner undergo a physical 
examination and have the .Physical Evaluation Board make a final determination of his disability 
status in accordance with Title 10, U.S. Code, Section 1210. 

b. 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 of the matter. 

5. Pursuant to the delegation ofauthority set in Section 6 ofthe revised Procedures ofthe 
Board for Correction ofNaval Records (32 Code eral 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 ofthe Navy. 


Executive Director