DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 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. 1552
Encl: (1) DD Form 149
(2) SNCORB ltr 1850 CORB:000, 6 Oct 09
(3) Findings of the PEB, 5 Oct 09
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting,’ as amended, that his record be corrected
to show that he was released from active duty on 6 June 2007 and
transferred to the Temporary Digability Retired List (TDRL) with
a combined rating of 70% for posttraumatic, stress disorder,
irritable bowel syndrome and degenerative disc disease of the
thoracolumbar spine with chronic pain.
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. Documentary material considered by the Board
consisted of the enclosures, 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. Enclosure (1) was filed in a timely manner.
a. In. correspondence attached as enclosure (2), the Director,
Secreta.y of the Navy Council of Review Boards, advised the
Board, in effect, that the Physical Evaluation Board considered
Petitioner's case on 5 October 2009. The PEB determined that
Petitioner was unfit for duty by reason of physical disability |
on 6 June 2007 because of disability that was the direct result
of a combat related injury and warranted a final combined rating
of 70%, and that he should have been released from active duty
and transferred to the TDRL at that time. Petitioner accepted
the findings of the PEB on 5 October 2009.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
particularly in view of the comments contained in enclosure (2),
the Board recommends the following action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show
that he was released from active duty on 6 June 2007, vice
discharged from the Navy on that date, and transferred to the
Temporary Disability Retired List the following day in
accordance with 10 U.S. Code 1202, with a combined disability
rating of 70% as set-out the enclosed findings of Physical
Evaluation Board dated’ 5 October 2009, for disability that was
the direct result of a combat related injury,.
b. That he be accorded a periodic physical examination as
soon as practicable.
c. That a copy of the Proceedings of the Board be filed in
his 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.
ROBERT D. ZSALMAN ES R. 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.
Ooo
W. DEAN PFEYF
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