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

Docket No: 10996-18  
Ref: Signature Date  

From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  

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

Encl: (1) DD Form 149 

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 change his Physical Evaluation Board (PEB) assigned disability rating to be consistent with the revised Department of Veterans Affairs (VA) proposed disability rating that was issued prior to his separation. 

2. The Board, consisting of                                                                                   , reviewed Petitioner's allegations of error and injustice on 9 May 2019, 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 of the enclosures, relevant portions of the naval records, and applicable statutes, regulations, and policies.   

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 of the Navy. 
 
     b.  Petitioner entered active duty with the Marine Corps in October 2007.  After two combat deployments to            andin 2008-2010, Petitioner was diagnosed with vision problems that were eventually diagnosed as a conversion disorder.  He was referred to the PEB and found unfit for continued naval service on 3 October 2012.  The VA issued an initial proposed rating of 10% for Petitioner’s conversion disorder on 1 November 2012.  The PEB adopted the VA proposed rating of 10% on 5 November 2012 and eventually directed his discharge with severance pay.  In the meantime, the VA issued a revised proposed disability rating of 30% for Petitioner’s conversion disorder on 21 December 2012.  However, Petitioner was discharged on 27 February 2013 before a change could be made to his PEB record.  

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief.  Specifically, the Board determined that Petitioner was erroneously discharged from the Marine Corps on 27 February 2013 despite the existence of a revised proposed VA rating of 30% for conversion disorder.  Based on this finding, the Board concluded it was appropriate to place Petitioner on the Temporary Disability Retirement List in lieu of a discharge. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by placing him on the Temporary Disability Retirement List for Conversion Disorder with Sensory Symptom or Deficit, VASRD Code 9424, with a 30% disability rating effective 28 February 2013. 

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 of the Board for Correction of Naval Records (32 Code of Federal Regulation, 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 of the Secretary of the Navy. 




5/14/2019