DEPARTMENT OF THE NAVY 

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


Docket No: 2369-16 

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 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 disability retirement list for Post-Traumatic Stress Disorder (PTSD), 
Traumatic Brain Injury (TBI), and Sleep Apnea. 

2. The Board, consisting of , reviewed Petitioner's 
allegations of error and injustice on 22 June 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. In addition, the Board considered the advisory 
opinion contained in ChiefBUMED letter 5740 Ser M34/16UM36058 of2 June 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 ofthe Navy. 

b. Petitioner entered the Marine Corps in September 2005 and deployed overseas on four 
occasions including three combat deployments. In his two deployments to Iraq between 2006 
and 2008, Petitioner was exposed to approximately eight Improvised Explosive Device 
explosions that left him with PTSD symptoms. 

c. Petitioner was diagnosed with an adjustment disorder vice PTSD but was deemed not fit 
for full duty and restricted from weapons access just prior to his discharge. Eventually, he was 
discharged due to High Year Tenure on 28 September 2013 and issued a RE-3P reentry code due 
to his condition. In 2013, the Department ofVeterans Affairs rated Petitioner for a number of 
service connected disabilities including PTSD and Obstructive Sleep Apnea. Both ofthe 
conditions were rated at 50%. 

d. Chief BUMED provided an advisory opinion concluding Petitioner should have been 
referred to the Disability Evaluation System for consideration ofplacement on theTemporary 
Disability Retirement List (TDRL). 

CONCLUSION 

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

The Board determined Petitioner was unfit for continued naval service at the time ofhis 
discharge due to PTSD. They reached this conclusion based on the medical evidence in his 
record that showed he was unfit for full duty and was restricted from weapons access due to his 
psychiatric condition. Additionally, the Board concluded a 50% disability rating was appropriate 
based on the VA's rating ofhis condition immediately after his discharge. Based on their 
findings, the Board concluded that Petitioner should have been placed on the TDRL for his 
PTSD condition. In making their decision, the Board substantially concurred with the advisory 
opinion contained in ChiefBUMED letter 5740 Ser M34/16UM36058 of2 June 2017. 

The Board did not find sufficient evidence to support a finding ofunfitness for continued naval 
service due to TBI or Sleep Apnea. There was no evidence Petitioner suffered an occupational 
impairment as a result of either condition. 

RECOMMENDATION 

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

Petitioner was placed. on the Temporary Disability Retirement List for Post-Traumatic Stress 
Disorder, VASRD 9411, with a disability rating of 50% effective 28 September 2013. 

A copy ofthis Report ofProceedings 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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation of authority set out in Section 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 ofthe Navy. 

Executive Director