Docket No: 2547-19  
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) Psychiatric Advisor CORB letter 1910 CORB: 002 of 22 April 2020 
      (3) Director CORB letter 1910 CORB: 001 of 23 April 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 be placed on the disability retirement list. 

2.  The Board, consisting of      , reviewed Petitioner's allegations of error and injustice on 28 May 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 August 2010.  Petitioner deployed to a combat zone in July 2011 until February 2012.  After returning, he was diagnosed with low back pain and placed on medication for pain management.  On 28 January 2013, Petitioner was recommended for administrative separation by medical due to his back condition.  Testing revealed no remarkable findings except mild disk bulging and a small cyst.  Petitioner screened negative for Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury on 19 March 2013 before his discharge on 12 June 2013 for condition not a disability. 

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 partial relief. Copies of the opinions were previously provided to the Petitioner for comment. The opinions state that Petitioner should have been referred to the Disability Evaluation System despite the lack of an identifiable cause for his back pain since radiographically evidence exists of bulging discs.  However, based on the medical evidence and symptoms, Petitioner would have been rated at 10% by the Physical Evaluation Board (PEB).  The opinion further states that Petitioner would not have been found unfit by the PEB for PTSD or any other mental health condition since he was never diagnosed or treated while on active duty. 

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 concurred with the Advisory Opinions at enclosures (2) and (3).  Specifically, the Board determined that the preponderance of the medical evidence supports a finding that Petitioner was unfit for continued naval service due to his back condition.  Based on his x-ray results and symptoms, Petitioner would have been rated at 10% by the PEB had he been properly referred to the Disability Evaluation System.  The Board also agreed with the advisory opinions that there is insufficient evidence of an occupational impairment for Petitioner’s PTSD condition or any other mental health condition to support a finding of unfitness since he was negatively screened for PTSD several months prior to his discharge and never treated for the condition while on active duty.  The Board found no evidence Petitioner’s unfitting back condition was incurred as a result of a combat-related injury. 

RECOMMENDATION 

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

Petitioner’s naval record be corrected by changing Petitioner’s narrative reason for separation to Disability with severance pay, non-combat related.  He will be issued a new DD Form 214 with changes consistent with his new narrative reason for separation.  

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.