DEPARTMENT OF THE NAVY 

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

Docket No: 333-16 

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/attaclnnents 
(2) Subject's naval record 

1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed 
enclosure (I) with this Board requesting, in effect, that the applicable naval record be corrected 
to place him on the Permanent Disability Retirement List with at least a 30% disability rating. 

2. The Board, consisting of , reviewed 
Petitioner's allegations of error and injustice 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 opinion contained in Director, Secretary ofthe Navy Council ofReview Boards ltr 
5220 CORB: 002 of29 November 2016 and the Petitioner's response to the opinion. 

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 active duty with the Marine Corps in July 1986 and was eventually 
diagnosed with Crohn's disease in 1990. Surgery to treat his condition was performed on 21 
October 1992 that resulted in a period oflimited duty before Petitioner was returned to full duty. 

c. Petitioner continued to suffer symptoms from his Crohn's disease and was referred to the 
Physical Evaluation Board (PEB) by a medical board on 5 September 1996. 

d. The PEB determined that Petitioner was unfit for continued naval service due to his 
condition and rated him 0% disabled under V ASRD 7319. Petitioner was discharged with 
severance pay on 1 April 1997. 

e. Pursuant to a 17 December 1997 Department ofVeterans Affairs (VA) Compensation and 
Pension examination, the VA issued a 30% disability rating under V ASRD 7323 effective 2 
April 1997. The VA later increased Petitioner's rating to 60% for the condition in 2009. His 
combined VA rating was later increased to 90%. 

f. 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 of the 
record. 

CONCLUSION 

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

The Board substantially concurred with the advisory opinion contained in Director, Secretary of 
the Navy Council ofReview Boards ltr 5220 CORB: 002 of29 November 2016. Specifically, 
the Board concluded that Petitioner's condition was stable with moderate symptoms that warrant 
a disability rating of 10%. While the Board agreed with the contention that Petitioner's 
condition later worsened after his discharge from the Marine Corps, it noted that his 17 
December 1997 medical examination showed frequent bowel movements as the only major 
symptom. This led the Board to conclude he was not suffering from other symptoms ofan 
exacerbated condition that would require a higher disability rating. As pointed out in the 
advisory opinion, the Board found that Petitioner was no~ suffering from cramps, nausea, 
vomiting, bleeding, fever, chills, joint aches or pains thatwould form the basis for a greater 
disability rating. The Board was not persuaded by the evidence provided in rebuttal to the 
advisory opinion since there was clear medical evidence from an independent source that showed 
Petitioner's condition was only moderately symptomatic with infrequent exacerbations just after 
his discharge. 

Despite the Board's finding that Petitioner's condition in 1997 did not warrant a 30% disability 
rating, the Board found that his condition did deserve a higher rating than 0% and should be 
changed to reflect the proper VASRD code for Crohn's disease. In making this finding, the 
Board again relied upon the rationale contained in the aforementioned advisory opinion. 

RECOMMENDATION: 

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

a. Petitioner's was found unfit for Crohn's Disease, VASRD 7399-7323, with a 
disability rating of 10% effective 1 April 1997 in lieu ofthe original findings. 

b. A copy ofthis 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 ofthe B the above entitled matter.

5. Pursuant to the delegation ofauthority set out m (e) 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 ofreference (a), has been approved by the Board on 
behalf ofthe Secretary ofthe Navy. 


Executive Director