From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO    
 
Ref: (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Senior Medical Advisor CORB ltr 1910 CORB: 002 of 4 Oct 19 
        (3) Director CORB ltr 1910 CORB: 001 of 7 Oct 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 her on the Permanent Disability Retirement List (PDRL). 
                                              
2.  The Board, consisting of     ,    ,    and      ,reviewed Petitioner’s allegations of error and injustice on 17 October 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 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 Navy in February 2010.  She was found unfit by the  Physical Evaluation Board (PEB) for continued naval service due to left ankle pain status post accessory os resection, chondromalacia of left knee, and Post-Traumatic Stress Disorder (PTSD).  She was assigned ratings of 10%, 10%, and 50%, respectively, for her unfitting disability conditions resulting in a combined 60% rating.  Based on her PEB findings, Petitioner was placed on the Temporary Disability Retirement List (TDRL) in May 2013. 
 
     c.  Petitioner was seen by the Department of Veterans Affairs (VA) on 28 June 2018 where she reported continued knee and ankle pain.  However, she reported working part-time and no medication or therapy for her PTSD condition.  There is no record of Petitioner attending a periodic TDRL examination.  Based on her failure to attend any periodic TDRL examinations, Petitioner was administratively removed from the TDRL on 22 August 2018.  
 
     d.  In correspondence attached at enclosures (2) and (3), the office having cognizance over Petitioner’s request to be placed on the PDRL determined that sufficient evidence exists to grant relief in her case.  The Advisory Opinion opined that Petitioner was likely unfit for continued naval service at the time of her removal from the TDRL and should be placed on the disability retirement list with a combined 30% rating for her ankle, knee, and PTSD conditions.  However, the Advisory Opinion also stated that their opinion was based partly on the 28 June 2018 VA examination report that was insufficient for rating purposes. 
                                     
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief.  In this regard, the Board substantially concurred with the Advisory Opinion at enclosures (2) and (3).  Specifically, the Board determined the preponderance of the evidence supports a finding that Petitioner was likely unfit for continued naval service in 2018 based on her VA examination conducted that same year.  However, they also concluded there was insufficient evidence to support placing her on the PDRL without a TDRL examination.  As a result, they determined the interests of justice require Petitioner to be returned to the TDRL and be offered an opportunity to attend a final periodic examination so the PEB can issue a final adjudication in her case with the benefit of a full medical examination report. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by reinstating her to the Temporary Disability Retirement List effective the date of this letter.  The sole purpose of her reinstatement is so she may undergo a physical examination and have the Physical Evaluation Board make a final determination of her disability status in accordance with Title 10, U.S. Code, Section 1210.       
                                             
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.