DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECO
2 NAVY ANNEX
WASHINGTON Dc 20370-51 00
Docket No. 95008-08
RDS
Chairman , Board for Correction of Naval Records
From:
To: secretary of the Navy
Subj . REVIEW
OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
1 record
(2) Subject 's nava
(a), Subject,
(1) with
corrected to &
by reason of physica
a wae and eee
2. The Board,
reviewed Petitioner's allegations of error and injustice on 8
-4tg regulations, determined that
January 2009 and, pursuant t
the corrective action indicated below should be taken on the
idered by
available evidence of record. Docum
the Board consisted of the enclosures,
applicable statutes, regulations and p
consisting of Messrs.
olicies.
cts of record
11 the fa
d injustice
g reviewed a
ations of error an
3. The Board, havin
'g alleg
pertaining to Petitioner
finds as follows:
hin the Departm
b. Petitioner served on activ
8 March 1996, when he was tra
November 1992 to
Temporary Disability Retired List (TDRL) with a
rating of 30% for a psychotic disorder, not otherwise speci
On 14 January 1997, the Department of Veterans Affairs (VA)
moa 10%: rating for the psychotic disorder, and added a
for residuals of a right ankle sprain. On 9 Apeel
physical ard, directed that
fied.
awarded hi
rating of 20%
2005, the President, Evaluation Bo
Petitioner’s name be removed from the TDRL, and that he be
discharged from the Navy without entitlement to disability
benefits provided by title 10, U.S. Code, chapter 61, based on
his failure to appear for a periodic physical examination. On 3
April 2007, the VA confirmed the 10% rating for the psychotic
disorder, and reduced the rating for the ankle sprain to 10%.
c. Petitioner contends, in effect, that he was not notified
of his scheduled physical examination because the PEB did not
have his correct address, even though he had submitted and
address change.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
resolving doubt in Petitioner’s favor, the Board concludes that
Petitioner remained unfit for duty as of 7 April 2005, and that
it would be in the interest of justice to excuse his failure to
report for a required physical examination, and to correct his
record to show that he was discharged by reason of physical
disability with entitlement to severance pay. corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 7 April 2005, he was discharged by reason of physical
disability with entitlement to severance pay pursuant to 10 U.S.
Code 1203, with a 10% rating under VA code 9210 for a psychotic
disorder not otherwise specified.
b. That so much of Petitioner's request for correction of his
record as exceeds the foregoing be and hereby is denied.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
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 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.
| Ute a-=_
ROBERT D. ZSALMAN EXNICIOS
Recorder Acting 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.
ls Suk
W. DEAN PFEIFF
tw
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