DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1544-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) Psychiatric Advisor CORB ltr 1910 CORB: 002 of 17 Mar 20 (3) Director CORB ltr 1910 CORB: 001 of 17 Mar 20 1. Pursuant to the provisions of the reference, 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 place him on the disability retirement list with a 50% rating for post-traumatic stress disorder (PTSD) and remove documents from his record that reference his personality disorder diagnosis. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 26 March 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 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 service in the Marine Corps in June 2003. He deployed to twice in 2004, ending his second combat deployment in March 2005. That same year, he was treated for PTSD symptoms that resulted in his placement on limited duty. However, in March 2006, Petitioner was diagnosed with PTSD based on what appears to be an incomplete evaluation process. As a result, he was notified of administrative separation processing for convenience of the government on 15 May 2006 and discharged on 24 May 2006 based on his personality disorder diagnosis. After his discharge, Petitioner was rated by the Department of Veterans Affairs (VA) for PTSD at 30%. c. In 2013, this Board denied Petitioner’s request for relief based on the statute of limitations. The Naval Discharge Review Board denied his request for relief in 2014. 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. The advisory opinions (AOs) concluded that Petitioner was likely unfit for continued naval service due to his PTSD condition at the time of his discharge and would have received a 50% disability rating for his unfitting condition based on his symptoms at the time. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial relief. In this regard, the Board substantially concurred with the AOs at enclosures (2) and (3). Specifically, the Board determined that Petitioner’s PTSD likely contributed to his personality disorder symptoms. The board concluded that Petitioner was erroneously processed for administrative separation because he exhibited PTSD symptoms at the time of his discharge that made him unfit for continued naval service and that should have resulted in his referral to the Disability Evaluation System. Further, the Board found that Petitioner’s personality disorder diagnosis was questionable since it was based on a Personality Assessment Inventory that was likely incorrectly interpreted due to his existing PTSD. Therefore, based on Petitioner’s unfitness due to PTSD and the nature of his symptoms at the time, the Board agreed with the AO recommendation to assign a 50% disability rating to Petitioner’s PTSD condition. Further, the Board felt it appropriate to place him on the Permanent Disability Retirement List (PDRL) based on VA evidence that he continued to be symptomatic for PTSD years after his discharge from the Marine Corps. Regarding expungement of the personality disorder diagnosis from Petitioner’s record, the Board concluded that the evidence did not support relief. This decision was based on the finding that his personality disorder diagnosis, though possibly erroneous and insufficient to be used as the basis for his administrative separation, remains a valid part of his medical history that explains his erroneous discharge from the Marine Corps. In the Board’s opinion, any negative effects associated with the diagnosis is remedied by the actions of this Board in setting aside his administrative separation and placing him on the PDRL. 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 post-traumatic stress disorder, VASRD Code 9411, with a disability rating of 50%, effective 25 May 2006, in lieu of his discharge from the Marine Corps. 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 4/12/2020