DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2416-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) Director CORB ltr 1910 CORB: 002 of 10 May 19 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 of error and injustice on 23 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 April 2006. He was eventually referred to a medical board and the Physical Evaluation Board (PEB) for Crohn’s Disease in 2015. On 8 May 2015, the PEB found Petitioner unfit for continued naval service and referred his case to the Department of Veterans Affairs (VA) for a proposed disability rating. The VA issued a proposed 10% rating for Petitioner’s unfitting condition which was adopted by the PEB on 11 June 2015. Petitioner was discharged with severance pay on 30 October 2015 pursuant to the PEB findings. On 31 October 2017, the VA changed Petitioner’s rating for his Crohn’s Disease to 30% retroactive to the day after his discharge from the Marine Corps utilizing the same evidence used to issue the proposed rating of 10%. c. In correspondence attached at enclosure (2), the office having cognizance over Petitioner’s request to be placed on the disability retirement list determined that sufficient evidence exists to grant relief. The Advisory Opinion opined that the PEB likely would have accepted the 30% rating from the VA had it been issued as a proposed rating. Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. In this regard, the Board concurred with the Advisory Opinion at enclosure (2). Specifically, the Board determined that the 10% proposed rating issued by the VA on 10 June 2015 was erroneous and Petitioner should have been issued a 30% rating for his unfitting condition. Had he been properly rated by the VA prior to the finalization of his PEB case, Petitioner would have been placed on the Temporary Disability Retirement List. 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 Crohn’s Disease, VASRD Code 7323, with a disability rating of 30%, effective 31 October 2015. Petitioner will be referred for an expedited final periodic physical examination as recommended in enclosure (2). 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. 5/31/2019