DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2332-19  
Ref: Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD ICO 

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 19 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 change his narrative reason for separation to disability. 

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 Navy in August 2007.  He served without incident until approximately June 2012, when he was allegedly assaulted while on leave.  This incident formed the basis for mental health symptoms that led to his placement on limited duty in October 2014 for unspecified depression and alcohol dependence.  He was later diagnosed with major depressive disorder and post-traumatic stress disorder (PTSD) in November 2014.  On 20 April 2015, Petitioner entered his second period of limited duty, which included enrollment in a traumatic brain injury treatment program.  He was eventually referred to the Physical Evaluation Board (PEB) on 4 August 2015 due to his PTSD and associated symptoms.  However, Petitioner’s request for a six-month high-year tenure waiver to process his PEB case was denied by the Navy Personnel Command on 11 August 2015.  As a result, he was returned to full duty for the purpose of being discharged from the Navy.  Petitioner was discharged on 15 August 2015 at the completion of his required active-duty service.  After his discharge, Petitioner was rated by the Department of Veterans Affairs (VA) for PTSD at 100%. 

     c.  In correspondence attached at enclosures (2) and (3), the office having cognizance over Petitioner’s request to have his narrative reason for separation changed to disability determined that the evidence supports relief.  The advisory opinions (AO) concluded that Petitioner was likely unfit for continued naval service due to PTSD at the time of his discharge from the Navy and should have been placed on the disability retirement list with a 70% disability 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 substantially concurred with the AOs at enclosures (2) and (3). Specifically, the Board determined that Petitioner was likely unfit for continued naval service at the time of his discharge due to his PTSD condition.  The Board agreed with the recommendation to place Petitioner on the disability retirement list with a 70% disability rating for his unfitting condition.  However, the Board determined it appropriate to place Petitioner on the Temporary Disability Retirement List (TDRL) due to the fact he was later rated at 100% by the VA.  In the Board’s opinion, this was evidence that Petitioner’s PTSD condition was not stable at the time of his discharge from the Navy and requires reevaluation via a final TDRL examination in order to allow the PEB to make a final adjudication in his case. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by placing him on the TDRL for PTSD, VASRD Code 9411, with a 70% disability rating, effective 16 August 2015.  
Petitioner will be afforded the opportunity to undergo a TDRL examination in order to have the PEB make a final determination of his disability status in accordance with Title 10, U.S. Code, Section 1210.  All due process rights associated with the Disability Evaluation System will be afforded to the Petitioner as part of the PEB review. 

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. 


4/8/2020