DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3355-17 AUG 09 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: RECORD REVIEW OF NAVAL FORMER MEMBER ICO Ref: (a) Title 10 U.S.C. 1552 Encl: (I) 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 (I) with this Board requesting, in effect, that the applicable naval record be corrected to recall him to active duty in order to have the Physical Evaluation Board review his case for placement on the disability retirement list. In addition, Petitioner requested the Board restore all pay, rank, and allowances to include possible promotion to the paygrade of 0-4. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 19 July 2018 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted ofthe enclosures, relevant portions of naval records, and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinions contained in Director CORB !tr 1920 CORB: 001 of 30 May 2018 and Senior Medical Advisor CORB ltr 1920 CORB: 002 of 30 May 2018 along with the rebuttal evidence provided by the Petitioner on 2 July 2018. 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 originally enlisted in the Navy in July 1988 but was discharged shortly after reporting for active duty based on a determination that he was enlisted erroneously. He later reenlisted in October 2005 and served successfully as an enlisted member through June 2009 until he was commissioned as an officer in the Navy Reserve. After earning a Supply Corps Officer designation, Petitioner was eventually mobilized in support ofthe global war on terror and ordered to deploy to the middle east in July 2011. However, he was released from active duty on 18 March 2012 after expressing suicidal ideations. c. Upon his release from active duty, Petitioner was rated by the Department of Veterans Affairs (VA) for Major Depressive Disorder at 50%. This eventually led to Petitioner being placed in a Temporary Not Physically Qualified status in September 2012 while he received treatment for his condition from the VA. By April 2014, Petitioner was determined to be not physically qualified for retention in the Navy Reserve by the Bureau of Medicine and Surgery and Commander, Navy Personnel Command. After he elected to be discharged, he was released from the Navy Reserve on 21 August 2014 with an Honorable characterization ofservice. d. In the advisory opinions contained in Director CORB ltr 1920 CORB: 001 of 30 May 2018 and Senior Medical Advisor CORB !tr 1920 CORB: 002 of30 May 2018, a recommendation is made to have the Petitioner's case referred to the Physical Evaluation Board (PEB) for evaluation. Petitioner concurred with this recommendation in his rebuttal. e. The Board considered whether it was appropriate to grant Petitioner's request to be promoted to 0-4 and concluded insufficient evidence exists to support such a grant of relief. Petitioner elected to be discharged when notified ofhis physical qualification status. Therefore, the Board found no error with the Navy's decision to discharge him from the Navy Reserve. Further, there was evidence in the Petitioner's record that shows he was counselled on Line of Duty benefits and elected to decline those benefits. This supports the Board's conclusion that Petitioner voluntarily elected to be discharged in 2014. Therefore, the Board found no injustice or error requiring a: change to Petitioner's paygrade or the granting of additional pay and· entitlements after 21August2014. f. However, the Board· concluded an injustice exists in Petitioner's record that requires his referral to the Disability Evaluation System. In making their finding, the Board substantially concurred with the advisory opinions that there was sufficient question about his disability condition to warrant a thorough evaluation by the PEB. So despite the finding by the Board that there was no error in Petitioner's record, the Board felt it appropriate to order Petitioner's case be evaluated by the PEB. The Board defers to the Navy in determining what status Petitioner must be placed in to have a medical board and the PEB consider his case. Based on this finding, the Board concluded it was not necessary to place the Petitioner on the disability retirement list. CONCLUSION Upon review and consideration ofall the evidence ofrecord, the Board finds the existence of an injustice warranting the following partial corrective action. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner was returned to an appropriate status with the Navy Reserve, effective the date of this letter, in order to be referred to the Disability Evaluation System. Petitioner will be referred to a medical board and Physical Evaluation Board for an evaluation of his Major Depressive Disorder. If Petitioner is returned to a Navy Reserve status that affords him pay and entitlements, he shall be granted those pay and entitlements consistent with all statutes and regulations effective the date of this letter. A copy ofthis Report of Proceedings will be filed in Petitioner's naval record. 4. Itis certified that a 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 irr Section 6( 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 of the Secretary ofthe Navy. Executive Director