DEPARTMENT OF THE NAVY· 

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

Docket No: 1423-17 
MAR 13 2018 

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

Subj: REVIEW OF NAVAL RECORD ICO FORMER MBR 

Ref: (a) Title 10 U.S.C. 1552 

Encl: (1) DD Form 149 w/attachments 

(2) Director CORB !tr 1910 CORB: 002of13 Dec 2017 
(3) Chronological Record ofMedical Care of25 Apr 2011 
(4) undated ltr 

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 him on the disability retirement list. 

2. The Board, consisting of            ,  reviewed Petitioner's allegations oferror and injustice on 22 February 2018 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 of the enclosures, naval 
records, and applicable statutes, regulations and policies. Additionally, the Board considered 
enclosure (2); a copy ofwhich was previously provided to the Petitioner for comment. 

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 Marine Corps in September 2007. He began to 
suffer from the effects of seizure disorder in 2008 and 2009 resulting in prescription of 
medication to treat his symptoms. However, a tumor was discovered in his brain requiring 
surgery on 23 February 2010. A portion ofthe benign mass was removed and Petitioner 
recovered over the next two years. He was cleared for full duty on 25 April 2011 and taken off 
medication: See enclosure (3). A follow-up MRI in 2012 revealed his condition remained 
unchanged. As a result, Petitioner was discharged on 15 February 2012 at the completion of his 
required active service and issued a RE-IA reentry code. 

c· Post-discharge, the Department ofVeterans Affairs (VA) rated Petitioner for a number of 
service connected disabilities including his seizure disorder that was rated at 20% as ofthe date 
ofhis discharge. However, Petitioner's condition continued to deteriorate after his discharge. 
See enclosure ( 4 ). His seizure disorder symptoms returned and became debilitating causing the 
VA to increase his seizure disorder disability rating to 80%. 

d. In enclosure (2), Director CORB opines that evidence does not support placement of 
Petitioner on the disability retirement list. He relies on the lack of occupational impairment after 
Petitioner's surgery and medical records that indicate Petitioner had recovered from his condition 
at the time ofhis discharge from the Marine Corps. 

CONCLUSION 

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

The Board concluded that Petitioner should be placed on the Temporary Disability Retirement 
List in order to allow the Physical Evaluation Board to adjudicate his case. In the Board's 
opinion, an injustice was created when the Navy performed surgery on Petitioner's brain to 
remove the tumor but failed to excise the entire mass since the lesion had blended in with the 
thalamus. The Board felt that Petitioner's seizure disorder was never resolved, despite the 
reduction of symptoms in 2011 and 2012, and his condition eventually regressed upon his 
discharge from active duty requiring anti-.epilepsy medication to control his seizures. The Board 
felt no error was made by the Navy but that Petitioner deserved disability benefits based on the 
existence ofthe brain tumor while on active duty that could not be fully treated by theNavy. 
The board felt it appropriate to utilize the 2014 VA rating for seizure disorder since the injustice 
determination is based on his current condition. 

RECOMMENDATION 

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

Petitioner was placed on the Temporary Disability Retirement List for Seizure Disorder, VASRD 
8914 (or other appropriate disability code), with a rating of80%, effective 15 February 2012. 

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

4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction ofNaval 
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that quorum was 
present at the Board's review and deliberations, and that fi egoing is a true and complete 
record ofthe Board's proceedings in the above en,t•"1+nf'f-n'iiilir;; 

5. The foregoing action ofthe Board is submitted for your review and action. 



Executive Director