DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10202-19 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 (2) Medical/Psychiatric Advisor CORB letter 1910 CORB: 002 of 7 May 2020 (3) Director CORB letter 1910 CORB: 002 of 26 May 2020 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner’s 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 11 June 2020, 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 January 2005. Within weeks of commencing active duty, he was treated for hypertension and radiculopathy down his arm. A medical board diagnosed Petitioner with Acute Myocardial Infarction on 16 May 2005 and referred him to the Physical Evaluation Board (PEB). The PEB found Petitioner unfit for his referred disability condition and assigned him a 60% disability. He was transferred to the Temporary Disability Retirement List (TDRL) on 1 August 2005. c. On 29 March 2007, Petitioner was seen for his TDRL periodic examination. He reported stopping his medication in June 2005 and improvement in his functional capacity with no symptoms from his unfitting condition. However, he was recommended to be disqualified from deployment based on the existence of his condition. The PEB found Petitioner fit to return to active duty on 12 April 2007 based primarily on his lack of symptoms and Petitioner was subsequently discharged after deciding not to return to active duty. Post-discharge, Petitioner developed symptoms from his heart condition that required hospitalization in 2017. d. In correspondence attached at enclosures (2) and (3), the office having cognizance over Petitioner’s request to be placed on the disability retirement list determined that the evidence supports relief. Specifically, the opinions state Petitioner should have been found unfit based on his diagnosed heart condition, assigned a rating of 30% based on evidence of cardiac hypertrophy, and placed on the Permanent Disability Retirement List (PDRL). The opinions further state that a greater disability rating is not appropriate since there was no medical evidence of cardiac dysfunction at the time. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief. In this regard, the Board concurred with the Advisory Opinions at enclosures (2) and (3). Specifically, the Board determined that the preponderance of the evidence supports placing Petitioner on the PDRL with a 30% disability rating due to his diagnosed cardiac hypertrophy. The Board found insufficient evidence to assign a greater rating since Petitioner presented no symptoms during his 29 March 2007 TDRL periodic examination. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by placing him on the PDRL for Myocardial Infarction, VASRD DC 7006, with a 30% disability rating effective the date of his release from the TDRL. Petitioner’s condition was not the result of a combat-related injury. 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.