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 
 (2) Psychiatric Advisor CORB letter 1910 CORB: 002 of 8 June 2020 
(3) Director CORB letter 1910 CORB: 001 of 15 July 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 7 August 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 November 2002 and completed his first period of obligated service on 11 November 2006.  He subsequently reentered active duty with the Marine Corps in February 2009.  In 2018, Petitioner was diagnosed with malignant neoplasm of the thyroid gland and underwent surgery on 2 October 2018.  On 5 November 2018, Petitioner was cleared for separation based on a medical determination that his condition had stabilized.  However, it was noted that he was experiencing severe weight fluctuations at the time.  After Petitioner was released from active duty on 14 January 2019, he attempted to transition to the Marine Corps Reserve but was immediately determined to be Not Physically Qualified.  As a result, he is eventually discharged from the Marine Corps Reserve.  Petitioner was assigned a 100% rating from the Department of Veterans Affairs for malignant neoplasm in June 2019. 
 
     c.  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.  The opinion states the medical evidence shows that Petitioner’s condition had not yet stabilized based on his weight fluctuation and that he was improperly cleared for discharged in November 2018.  Based on this finding, the opinion recommends placing Petitioner on the Temporary Disability Retirement List (TDRL) with a 100% rating consistent with is VA rating. 
                                  
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 a finding that Petitioner was unfit for continued naval service due to malignant neoplasm at the time of his discharge based on medical evidence his condition was not yet stable.  The Board agrees that Petitioner should be placed on the disability retirement list with a rating consistent with his VA rating.  Based on evidence Petitioner’s condition may still be unstable, the Board concluded placement on the TDRL was appropriate. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by placing Petitioner on the TDRL for Hypothyroidism with Malignant Neoplasm, VASRD 7914, with a 100% disability rating effective the date of his discharge from active duty.  Petitioner’s condition was not combat-related.       
 
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.