DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4001-01
19 August 2002
ER
FORh4
REVIEW OF
NAVAla RECORD
(a)
10
lJ.S.C.
1552
DD Form 14 9
(1)
(2) Dir, NCPB
(3) Subject ’s naval record
Itr
S?20, Ser:
02-06,
15
h4ay 02
Subj:
Ref:
Encl :
Pursuant to the provisions
1.
filed enclosure (1) with this Board requesting,
show that no deduction was
(EPTE) factor.
made
i‘ronj
01‘
ret‘erence (a),
Sutl_ject, hereinafter referred to as Petitioner,
in effect, that her
naval record be corrected to
her disability rating for an existed prior to entry
of
h4essrs.
2. The Board, consisting
allegations of error and injustice
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.
on 8 August 2002 and, pursuant to its regulations,
I’t‘eiffer, Kastner and Schultz, reviewed Petitioner
’s
3. The Board, having reviewed
of error and injustice finds as follows:
all the facts of record pertaining to Petitioner
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. Although, it appears that enclosure (1) was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and review the application on its merits.
C.
In correspondence attached as enclosure
(2), the Director, Naval Council of
Personnel Boards expressed the opinion that the deduction of a 10% EPTE factor from
Petitioner’s disability rating was erroneous.
show that she was transferred to the Temporary Disability Retired List (TDRL) with a 30%
rating on or about 10 August 1990. As her condition improved over the next year, her rating
would have been reduced to
from the TDRL, and she
70% in early 1993, and her name would have been removed
woul$ have been discharged with entitlement to disability severance
He recommended that her record be corrected to
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in tight of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that she was not discharged
10 August 1993.
on.,
b. That Petitioner’s naval record be further corrected to show that on she was released
on 10 August 1990, and transferred to the TDRL the following day with a
under.VA code 8199-8100, pursuant to 10 U.S. Code 1202; and that
from active duty
disability rating of 30%
she was discharged by reason of physical disability
Code 1203, with a 10% rating under VA code 8199-8100.
on 1 March 1993, pursuant to 10 U.S.
b. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
4.
Pursuant to Section 6(c) of the reuised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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.
ROBERT D. ZSALMAN
Recorder
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 reference (a), has been approved by the Board
on behalf of the Secretary of the Navy.
Executive Director
.*
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