DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 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. 1552
Encl: (1) DD Form 149
(2) SNCORB ltr 5220 CORB:002, 18 Sep 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 permanently ‘retired by reason of
physical disability with a disability rating of 100%.
2. The Board, consisting of Messrs. ‘i plies 3 oi
reviewed Petitioner's allegations of error and injusti¢e on 6
October 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. Enclosure (1) was filed in a timely manner.
c. In correspondence attached as enclosure (2), the Director,
Secretary of Navy Council of Review Boards recommended that
Petitioner’s request be granted.
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
he was permanently retired by reason of physical disability with
a combined disability rating of 100% under VA code 8015-5110,
for multiple sclerosis with loss of use of both lower
extremities, in place of the combined rating of 70% assigned by
the Physical Evaluation Board on 17 October 2003 for neuropathic
weakness of the lower extremities.
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.
lek,
ROBERT D, ZSALMAN JAMES R. EKNICIOS
Recorder eting 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.
pas
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