DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06112-09
14 December 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW * NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: {1) DD Form 149
(2) SNCORB ltr 5220 CORB:002, 10 Aug O9[STOP]
(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.
2. The Board, consisting of Ms. @@0§Mand Messrs. WOR
and Wee eviewed Petitioner's allegations of error and
injustice on 12 November 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 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. Although the application was not timely filed, the Board
finds it to be in the interest of justice to waive the statute
of limitations and consider the application on the merits.
c. in correspondence attached as enclosure (2), the Director,
Secretary of Navy, Council of Review Boards (CORB) expressed the
opinion that at the time cf Petitioner's discharge by reason of
a personality disorder, he was unfit for duty by reason of
physical disability due to a mental disorder that existed prior
to his enlistment and was aggravated by his naval service and
ratable at 10%.
d. Petitioner agreed with the opinion of the Director, CORB,
that he was unfit by reason of physical disability, but
maintains that his condition was ratable at 30% or higher.
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. It concluded
further that Petitioner failed to submit sufficient evidence to
demonstrate that his disability was ratable above 10%.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATICN :
a. 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 factor
of 0%, for an acute schizophrenic episode with dissociative and
depressive features.
b. That no further relief be granted.
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.
ROBERT D. ZSALMAN
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.
\WNeawse
W. DEAN PF R
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 | 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 | 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 | 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.
NAVY | BCNR | CY2009 | 02903-09
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 was retired by reason of. 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...
NAVY | BCNR | CY2002 | 06796-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 JRE Docket No: 6796-01 10 May 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy J REVIEW OF NAVAL RECORD ______. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that in view of Petitioner ’s continuous need for psychotherapy and psychotropic medication at the time of his discharge, and that his symptoms were not...
NAVY | BCNR | CY2010 | 05584-10
The Board, consisting of Messrs. yp a: reviewed Petitioner's allegations of error and injustice on September 2010 and, pursuant to its regulations, determined that the action indicated below should be taken on the available evidence of record. c. In correspondence attached as enclosure (2), the Board was advised by the Director, Secretary of the Navy Council of Review Boards, in effect, that he recommends correcting Petitioner’s record to show that he was transferred to the...
NAVY | BCNR | CY2010 | 08644-10
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 retired by reason of physical disability. The Board, consisting of Messrs. W. Hicks; Spooner and Swarens, reviewed Petitioner's allegations of error and injustice on 20 October 2011 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on...
NAVY | BCNR | CY2010 | 07024-10
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 his name was not removed from the Temporary Disability Retired List and that he was not discharged from the Marine Corps. The Board, consisting of Messrs. Clemmons, Neuschafer and Silberman, reviewed Petitioner's allegations of error and injustice on 28 April 2011 and, pursuant to its...
NAVY | BCNR | CY2006 | 11314-06
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he was retired by reason of physical disability, vice discharged by reason of a personality disorder.2. The Board, consisting of Messrs.reviewed Petitioner’s allegations of error and injustice on 19 January 2007, and pursuant to its regulations, determined that the corrective action...