DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No.5911-10
25 October 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
i °°"
OF NAVAL RECORD
Ref: (a) 20 U.6.€. 1552
(b) DUSD (P&R) Memorandum for the Service Secretaries,
17 Jul o9
Encl: (1) DD Form 149 w/attachments
(2) 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 her naval record be corrected to
show that she was permanently retired by reason of physical
disability with a rating of 50% or higher.
2. The Board, consisting of Mses mm: =e and oe
reviewed Petitioner's allegations of error a njustice oO
October 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
b. Petitioner's case ig within the category of cases covered
by reference (5) «
4. Petitioner did not submit any documentary evidence in support
of her application or consent to the release of her Department of
veterans Affairs (VA) records to the Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, and in
accordance with the provisions of reference (b), the Board directs
the partial corrective action indicated below.
As Petitioner did not submit any documentary evidence in support ef
her application, or consent to the release of her Department of
Veterans Affairs (VA) records to the Board, and as she failed to
demonstrate that her condition was ratable above 10% disabling in
accordance with the provisions of 38 Code of Federal Regulations part
4.130 six months after the date of her discharge from the Navy, there
is no basis for correcting her record to show that her name was
retained on the TDRL for longer than six months, or that she was
permanently retired by reason of physical disability.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that her
name was placed on the Temporary Disability Retired List on 10 October
2006 in accordance with the provisions of 10 U.8.C. 1202 with 4
disability rating of 50% for posttraumatic stress disorder under VA
code 9411, provided that such action does not adversely affect her
total compensation, including but not limited to combat-related
special compensation, and that her record be further corrected to
show that she was discharged by reason of physical disability on 9
April 2007 in accordance with the provisions of 10 U.S.C. 1203, with
a disability rating of 10% under VA code 9411. '
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
hatter. Ive lec
ROBERT D. ZSALMAN JAMES R. EXNICIOS
Recorder Acting Recorder
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5. Pursuant to the delegation of authority set out in Section 6(e)
of the revised Procedures of the Boara 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 DFERERY
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