DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
ID
Docket No. 05584-10
1 October 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.€, 1552
(b) DUSD (P&R) Memorandum for the Service Secretaries,
La aud. 08
Encl: (1) DD Form 149
(2) DIRSECNAVCORB ltr 5220 CORB:002, 28 Jul 10
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, requests correction of
his record as indicated in enclosure (1).
2. 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. 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. Enclosure (1) was filed in a timely manner, or it is in
the interest of justice to excuse Petitioner's failure to file
enclosure (1) in a timely manner.
b. Petitioner’s case is within the category of cases covered
by reference (b).
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 Temporary
Disability Retired List effective 15 September 2006, with a
rating of 50% vice 0% for a depressive disorder not otherwise
specified with elements suggestive of posttraumatic stress
disorder, per 38 CFR 4.129, and that the rating for that
condition was reduced to 0% effective six months post discharge.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
in accordance with the provisions of reference (b) and the
comments contagined in enclosure (2), the Board directs the
corrective act¥ion indicated below.
The Board concluded that as Petitioner failed to demonstrate
that he should have received a final disability rating in excess
of 0% for posttraumatic stress disorder effective 15 March 2007,
there is no basis for correcting his record to show that he was
permanently retired by reason of physical disability.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 16 September 2006, his name was placed on the Temporary
Disability Retired List with a rating of 50% for depressive
disorder not otherwise specified withyelement™ suggestive of #
posttraumatic stress disorder, vice 0% for posttraumati@ stress
disorder, and a combined rating of 60%; and that he was
discharged from the Marine Corps on 16 March 2007, with
entitlement to disability severance pay, pursuant to 10 US Code
1203, due to depressive disorder not otherwise specified with
elements suggestive of posttraumatic stress disorder, rated at
0% disabling, and a combined disability rating of 20%.
b. That no further relief be granted.
c. That a copy of these proceedings 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.
if
| ey
ROBERT D. ZSALMAN JAMES RO 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.
W. DEAN P
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