DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JURE
Docket No. 02903-09
17 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER &
Fe ge
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (i) DD Form 149
(2) Dir, CORB ltr CORB:002, 6 Aug 09
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that his naval record be
corrected to show that he was retired by reason of. physical
disability, vice discharged with entitlement to severance pay.
2. The Board, consisting of Messrs. W. ee, allan 20.3.
as reviewed Petitioner's allegations of error and
‘injustice on 13 August 2009 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, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed ail 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. Enclosure (1) was filed in a timely manner.
ec. in correspondence attached as enclosure (2), the Director,
Secretary of the Navy Council of Review Boards, advised the
Board, in effect, that Petitioner should have been transferred
to the Temporary Disability Retired List rather than discharged
with entitlement to disability severance pay.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 8 August 2008, the Physical Evaluation Board determined that
he was unfit for duty by reason of mild traumatic brain injury,
which was rated at 40% under Department of Veterans Affairs (VA)
code 8045, which is combat-related; and that he suffered from
the following category II conditions (contributing conditions) :
posttraumatic stress disorder (30981); chronic headaches,
(7840); and vestibular disturbance (000). In addition he
suffered from the category III condition (not separately
unfitting and does not contribute to the unfitting condition.
b. That he be accorded a periodic physical examination .as soon
Current address: ERS
as practicable.
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.
Cf
ROBERT D. ZSALMAN GAMES R. EXNICIOS
Recorder /boting 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.
\o Don Qh
W. DEAN PFET
NAVY | BCNR | CY2008 | 03574-08
03574-08 11 May 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORME} aasea eens REVIEW OF NAVAL RECORD Ref: {a) 10 U.S.C. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he was retired by reason of physical disability due to a back condition and posttraumatic stress disorder 2. CONCLUSION: Upon...
NAVY | BCNR | CY2009 | 06112-09
CONCLUSION: Upon review and consideration of all the evidence of record, the Boaraé concluded that Petitioner was unfit for duty by reason of physical disability at the time of his discharge. That Petitioner's naval record be corrected to show that he was honorably discharged from the Navy by reason of physical disability on 2 February 1979, pursuant to 10 U.S. Code 1203, with a disability rating of 10%, under Department of Veterans affairs code 9299-9210, less a 0% existed prior to entry...
NAVY | BCNR | CY2010 | 07286-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he was discharged by reason of physical disability vice a personality disorder. The Board, consisting of Ness: s > is °° ra reviewed Petitioner's allegations of error an injustice on 28 October 2010 and, pursuant to its regulations, determined that the corrective action indicated below should...
NAVY | BCNR | CY2008 | 02169-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he was retired by reason of physical disability vice discharged. The Board, consisting of Messrs. , thie, 208 My © eviewed Petitioner's allegations of error and injustice on 19 March 2009 and, pursuant to its regulations, determined that the partial corrective action indicated below should...
NAVY | BCNR | CY2008 | 06551-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he was retired by reason of physical disability. c. In correspondence attached as enclosure (2), the Director, Secretary of the Navy Council of Review Boards recommends that Petitioner's record be corrected to show that he was transferred to the Temporary Disability Retired List, vice...
NAVY | BCNR | CY2009 | 04557-09
04557-0985 19 October 2009 -From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORMER qian " REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. 2, The Board, consisting of Messrs. élite 2B... an daa reviewed Petitioner’s contentions of error and injustice on 16 October 2009 and, pursuant to its regulations, determined that the action indicated below should be taken on the available evidence of record. That Petitioner’s naval record be corrected to show that he was...
NAVY | BCNR | CY2009 | 07176-09
07176-09 ‘22 October 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj aa le REVIEW OF NAVAL RECORD “Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he was permanently ‘retired by reason of physical disability with a disability rating of 100%. The Board, consisting of Messrs. ‘i...
NAVY | BCNR | CY2009 | 12256-09
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he received disability ratings for conditions of his right and left hands, and that he be permanently retired by reason of physical disability. b. Enclosure (1) was filed in a timely manner, c. In correspondence attached as enclosure (2), the Director, Secretary of Navy Council of Review Boards...
NAVY | BCNR | CY2008 | 11259-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX JRE WASHINGTON DC 20370-5100 Docket No. 11259-08 27 May 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub}: FORMER seo REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) SECNAVCORB ltr 5220 CORB:002, 5 May 09 (3) Subject's naval record 1.
NAVY | BCNR | CY2013 | NR1326 13
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected to show that she was retired by reason of physical disability on 1 March 2006 with a disability rating of 100%. > The Board. He recommended that the Board consider granting her partial relief by adjusting the date of her transfer to the Retired List from 2011 to 2009.