Docket No: 2586-19  
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 w/attachments 
      (2) Director CORB letter 1910 CORB: 001 of 10 April 2020 
      (3) Department of Veterans Affairs disability rating 


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 change his narrative reason for separation to disability. 

2.  The Board reviewed Petitioner’s allegations of error and injustice on 2 July 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, 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 April 1998 and served without incident until 2010 when he fell out of height/weight standards resulting in his assignment to a Remedial Conditioning Program.  However, he was diagnosed with Hypogonadism in February 2011 and, in June 2011, found to have elevated levels of metanephrine and normetanephrines in his urine.  In the meantime, Petitioner continued to gain weight but performing his duties despite being placed on limited duty.  Based on being out of height/weight standards, he was determined to be ineligible for reenlistment in October 2012.  Petitioner was discharged for non-retention with an Honorable characterization of service on 10 November 2012.  See enclosure (2) 

c.  Post-discharge, Petitioner was diagnosed with Chronic Renal Disease by the Department of Veterans Affairs (VA) and assigned a 60% disability rating.  

d.  In enclosure (2), Director CORB provided an advisory opinion stating the evidence does not support relief.  However, the author states he was hampered by the lack of medical evidence and argues that a referral to the Physical Evaluation Board (PEB) may have been appropriate. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. 

Despite the opinion rendered in enclosure (2), the Board determined the preponderance of the evidence supports placing Petitioner on the Temporary Disability Retirement List (TDRL) with a 60% disability rating for Chronic Renal Disease. In their opinion, Petitioner’s record supports a finding that he was suffering from Chronic Renal Disease based on the 29 June 2011 medical report that documented his acute renal failure.  Additionally, the Board concluded his condition, more likely than not, contributed to his weight gain and prevented him from completing physical exercise requirements assigned to his duties as a Marine.  The Board also relied on the fact Petitioner was denied reenlistment due to failure to meet height/weight standards.  In their opinion, an injustice occurred when Petitioner was not referred to the Disability Evaluation System as evidenced by his post-discharge VA rating of 60% for Chronic Renal Disease and the advisory opinion statement that he may have qualified for a PEB referral.  In order to correct this injustice and to allow the PEB to conduct acomprehensive review of Petitioner’s renal condition, the Board concluded it was appropriate to assign him to the TDRL so he can undergo a periodic examination and a final PEB adjudication with all associated due process rights. 

RECOMMENDATION: 

That Petitioner’s naval record be corrected, where appropriate, to show that he was placed on the TDRL for Chronic Renal Disease, with a 60% disability rating, effective the date of his discharge from the Marine Corps.  Petitioner will be ordered to undergo a physical examination and have the Physical Evaluation Board 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.  Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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.   The foregoing action of the Board is submitted for your review and action.