DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7684-19 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 23 April 2020 (3) Director CORB letter 1910 CORB: 001 of 4 May 2020 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 with a disability rating of 50%-70% for Post-Traumatic Stress Disorder (PTSD) and/or Traumatic Brain Injury (TBI) with a 40% or higher rating. 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 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 on 20 July 2004. He deployed twice to Iraq in 2005 and 2006 resulting in symptoms related to chronic and severe PTSD. On 18 May 2007, a medical board referred Petitioner to the Physical Evaluation Board (PEB) for PTSD and TBI. The PEB found Petitioner unfit for continued naval service for his PTSD condition on 10 January 2008 and also determined he suffers from Major Depressive Disorder as a related diagnosis. The PEB notes concerns raised in the medical board report about investigating Petitioner’s TBI symptoms but concluded the evidence does not support it. Petitioner was assigned a 10% disability rating for his PTSD condition. Prior to Petitioner’s discharge on 31 May 2008, Petitioner was diagnosed with expressive speed impairment in January 2008. c. Post-discharge, the Department of Veterans Affairs (VA) rated Petitioner for Major Depressive Disorder and assigned him a 50% rating effective the day after his discharge until 30 November 2008. His rating was subsequently lowered to 10% effective 1 December 2008. The VA denied a service connection for PTSD. Based in part on the VA ratings for Petitioner’s depression condition, BCNR placed Petitioner on the Temporary Disability Retirement List effective the date of his discharge with a 50% rating and discharged him on 30 November 2008. d. The VA assigned Petitioner a 70% rating for PTSD with Major Depressive Disorder on 15 July 2015. e. 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 opinion states the original PEB findings did not adequately consider Petitioner’s case historyor his TBI symptoms. Based on the severity of symptoms, it states he would likely have been rated at 70% for his PTSD condition at the time of his discharge with Major Depressive Disorder and TBI as contributing diagnoses. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice/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 placing Petitioner on the Permanent Disability Retirement List (PDRL) with a 70% rating effective the date of his discharge based on the severity of his PTSD symptoms at the time. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner will be placed on the PDRL for PTSD, VASRD DC 9411, with a disability rating of 70% effective 1 June 2008. TBI will be added to Petitioner’s PEB record as a contributing Category II diagnosis in addition to Major Depressive Disorder. Petitioner will be issued a new DD Form 214 consistent with the changes to his record. 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