DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2046-17 OCT 09 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy 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 increase her Physical Evaluation Board (PEB) disability rating, change her retirement date on her DD Form 214, and remove a reference to severance pay on her DD Form 214. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 31 August 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. 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 entered active duty with the Marine Corps in July 2006. She served until January 2013 when she was placed on the Temporary Disability Retirement List for Major Depression and Post-Traumatic Stress Disorder (PTSD). She received a rating of 70% consistent with the Department of Veterans Affairs issued rating for PEB referred conditions. c. On 1 August 2016, the PEB placed Petitioner on the Permanent Disability Retirement List (PDRL) with a 50% disability rating for her Major Depression. d. On 16 November 2016, the Department of Veterans Affairs rated Petitioner 70% disabled for Major· Depressive Disorder and PTSD. Her rating was effective 26 May 2016. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence ofan injustice warranting the following partial corrective action. The Board concluded Petitioner should be rated at 70% for her Major Depression consistent with the VA issued disability rating for her condition that was issued prior to her transfer to the PDRL. In the Board's opinion, the Petitioner provided sufficient medical evidence, in the form of a VA disability rating effective 26 May 2016, that shows she was 70% disabled at the time of her placement on the PDRL in August 2016. Regarding her request to change the retirement date on her DD Form 214 to reflect her placement on the PDRL, the Board determined no relief is warranted. Marine Corps regulations only require the issuance ofa DD Form 214 to personnel upon their release from active duty. Based on the information Petitioner provided, her active duty status was changed to reflect her placement on the TDRL. The Board concluded that the change in her retirement status upon her transfer to the PDRL does not allow for the issuance ofa DD Form 214 or 215 reflecting the change in retirement status since she was not being released from active duty. On the issue of her change to her DD Form 214 to remove any reference to severance pay, 'the Board concluded this was an administrative change that must first be addressed by Headquarters, U.S. Marine Corps before consideration by this Board. The Board concluded there was no evidence Petitioner exhausted her administrative remedies on this issue. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner was placed on the PDRL for Major Depressive Depression with-PTSD as a related Category 2 diagnosis, , with a 70% disability rating effective 1 August 2016. 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 Board' s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the 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 of reference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. Executive Director