DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No.: 10923-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) SECNAVINST 1850.4 series Encl: (1) DD Form 149 w/attachments 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 his naval record be corrected to reflect that he was medically retired with placement on the Permanent Disability Retired List (PDRL). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 24 February 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 Petitioner’s naval record, 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 regulation within the Department of the Navy. b. Petitioner served in the Marine Corps from 14 March 2005 through 28 June 2008. During his active-duty service, Petitioner was deployed to Iraq, where he was thrown from a Humvee in a blast, landed on his head, and suffered a brief loss of consciousness. c. On 28 June 2008, Petitioner was discharged from the Marine Corps due to temporary disability with an honorable characterization of service. Petitioner was subsequently transferred to the Temporary Disability Retired List (TDRL). d. Petitioner states that, following his discharge, he moved to the State of Washington, resided at the address he provided the Marine Corps, and began the post-discharge TRDL medical review process in . He then moved to , to attend college. Petitioner informed medical that he had moved, but he was told that his TDRL follow-up appointments would continue at the Military Treatment Facility (MTF) in . e. Petitioner returned to to attend his medical appointments, but he received conflicting information about their scheduling. Petitioner states that, over the next two years, he returned to to attend his follow up medical appointments for continued monitoring on the TDRL but was given contradictory information regarding his appointments and was unsuccessful in his efforts to be screened. f. Petitioner’s records indicate that he was administratively removed from the TDRL on 4 December 2013. On 12 December 2013, Petitioner contacted the Marine Corps and stated that he had complied with TDRL screening at and that his removal was erroneous. In August 2014, the Marine Corps confirmed that, prior to his removal from the TDRL, Petitioner had attended a TDRL evaluation on 6 March 2013 at . The MTF never sent the evaluation report to the PEB or MSSR-4, which resulted in the administrative removal. g. The Department of Veterans Affairs (VA) has assigned Petitioner a 70% disability rating from 2008, which was increased to an 80% disability rating in 2014. h. Petitioner states that his road to recovery has been long, but one which he takes seriously. He notes that, when talking to individuals throughout his time on the TDRL, people were always diligent and genuinely eager to help, but that, every time he called, there was a new team in place. He also states that, since his TBI, his memory has been very bad, and specific information such as names and exact dates fail him. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action. The Board found that Petitioner was in compliance with his responsibility to inform the Marine Corps of his current address following his transfer to the TDRL. Furthermore, Petitioner participated in post-discharge medical screenings while he was on the TDRL as required. The MTF failed to forward Petitioner’s evaluation to the PEB, and the MTF’s administrative error resulted in his improper removal from the TDRL. The Board concluded that Petitioner is entitled to partial relief. The Board determined that, even in consideration of the VA’s ratings and the administrative error by the MTF, a transfer to the PDRL without a Physical Evaluation Board’s (PEB) review is not warranted. The Board found that Petitioner should be returned to the TDRL for appropriate screening and referral to the PEB. The Board concluded that, after Petitioner is returned to the TDRL, he should again be evaluated by an MTF, and his records should be forwarded for review and determination, as appropriate, with regard to compensable condition(s), disability rating, and placement on the PDRL. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner is transferred to the Temporary Disability Retired List, in accordance with section 1202 of Title 10, U.S. Code. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that 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 Regulations, 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. 4/15/2020