Docket No: 8653-19  
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 30 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. 

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 30 January 2002.  Petitioner deployed to Iraq in 2003 earning a Combat Action Ribbon.  In June 2005, Petitioner was restricted from handing firearms and ammunition due to Post-Traumatic Stress Disorder (PTSD) symptoms.  He was eventually diagnosed with PTSD and Major Depressive Disorder in September 2005.  Petitioner was discharged on 29 January 2006 after his separation physical noted he suffered from PTSD and Major Depressive Disorder. 

c.  Post-discharge, the Department of Veterans Affairs (VA) rated Petitioner for PTSD at 30% effective the date of his discharge.  However, by 2009, Petitioner’s PTSD rating is temporarily increased to 100% due to a hospitalization before being reduced to 70%.  In 2017, Petitioner’s PTSD is rated at 100%.  Petitioner is hospitalized for his PTSD condition in 2019 and awaiting entry into an inpatient PTSD program. 

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.  The opinion states the medical evidence supports Petitioner’s placement on the disability retirement list for PTSD with a 70% rating due to the severity of his symptoms at the time of his discharge. 
CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice 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) for his PTSD condition with a 70% rating based on the documented symptoms in 2006 and the VA’s 
assigned ratings in 2009. 

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 70% disability rating effective 30 January 2006.  Petitioner’s disability condition was incurred as a result of a combat-related injury.  Petitioner will be issued a new DD Form 214 consistent with the change. 

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.