Docket No: 2991-19  
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) Psychiatric Advisor CORB ltr 1910 CORB: 002 of 17 Mar 20 
     (3) Director CORB ltr 1910 CORB: 001 of 23 Mar 20 

1.  Pursuant to the reference, 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 place him on the disability retirement list. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 14 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 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 enters active duty with the Navy on 13 March 2000.  He deploys to on two separate occasions in 2007 and 2008 earning two Bronze Star medals and a Combat Action Ribbon.  However, as a result of trauma experienced during his deployments, he is diagnosed with Post-Traumatic Stress Disorder (PTSD) and referred to the Physical Evaluation Board (PEB) by a medical board on 17 December 2012.  The PEB found Petitioner unfit for continued naval service due to his PTSD and assigned him a disability rating of 50% resulting in his placement on the Temporary Disability Retirement List (TDRL) in 2013.  In November 2018, Petitioner underwent a periodic TDRL examination that was considered by the PEB in reducing his rating to 10%.  He was subsequently discharged from the Navy pursuant to his PEB findings. 

c.  Petitioner’s record documents that he continued to suffer from periodic periods of severe PTSD symptoms, including depression, that prevented him from performing occupational tasks.  He was hospitalized for suicidal ideations in January 2017. 

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.  Specifically, the opinion states Petitioner’s symptoms prior to the 2018 PEB findings in his case support a disability rating of 30% vice 10% and his placement on the Permanent Disability Retirement List (PDRL).  The opinion concluded that despite his ability to successfully manage several rental properties, Petitioner suffered from intermittent periods of inability to perform occupational tasks that meets the criteria for a 30% 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 concurred with the Advisory Opinions at enclosures (2) and (3).  Specifically, the Board determined that the preponderance of the evidence supports changing Petitioner’s 2018 PEB assigned rating to 30% in order to place him on the PDRL effective the date of his removal from the TDRL. 

RECOMMENDATION 

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

Petitioner’s naval record be corrected by placing Petitioner on the PDRL for PTSD (Combat Zone), VASD DC 9411, with a 30% disability rating effective the date of his release from the TDRL. 

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.