DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
JRE
Docket No, 12256-09
19 July 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: er oe ore
MRREVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) SECNAVCORB ltr 5220 CORB: 002, 6 May 10
(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 received disability ratings for conditions of his right
and left hands, and that he be permanently retired by reason of
physical disability. .
2. The Board, consisting of Messrs. Cite: 3 e ae
reviewed Petitioner's allegations of error and injustice on 15 July
2010 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 for additional disability ratings be granted.
CONCLUSION:
Upon review and consideration of ail the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
the existence of an injustice warranting corrective action. In
addition, it concluded that it would be premature to permanently
retire Petitioner at this time, as he has not undergone a final period
physical examination.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
in addition to the disability ratings for which he was transferred
to the Temporary Disability Retired List on 31 October 2009, he
received disability ratings of 20% for right thumb partial
amputation, and 0% for residuals of fracture distal end, left first
metacarpal with degenerative arthritis metacarpophalangeal joint
and loss of joint metion, under Department of Veterans Affairs (VA)
codes 5152 and 5228, respectively, with the addition of a 2% bilateral
factor, for a total combined disability rating of 50%.
b. That no further relief be granted.
¢. 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
—_ Eo
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.
lead ’
W. DEAN P
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