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NAVY | BCNR | CY2010 | 06758-10
Original file (06758-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 6758-10
21 March 2011

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

REVIEW OF NAVAL RECORD

 

Ref: fa) 10 U.6.C. 1552
(b) DUSD (P&R) Memorandum for the Service Secretaries,
17 Jul 09
Encl: (1) DD Form 149
1. Pursuant to the provisions of reference (a), Subject,

hereinafter referred to as Petitioner, requests correction of her
record as indicated in enclosure (1).

2. The Board, consisting of Messrs. Herrick, W. Hicks and Spooner
and Storz reviewed Petitioner's allegations of error and injustice
on 17 March 2011 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 is within the category of cases covered by
reference (b).

CONCLUSION :
Upon review and consideration of all the evidence of record, and in

accordance with the provisions of reference (b), the Board directs
the corrective action indicated below.
The Board did not consider the request for permanent disability
rating of 50% or higher effective on the date of her permanent
retirement, as that issue it is beyond the scope of this review. If
Petitioner believes she is entitled to a higher final disability
rating, she should submit a new application correction of her naval
record, which will be processed in accordance with standard rather
than expedited Board procedures.

RECOMMENDATION :

a. That Petitioner's naval record be corrected to show that on
1 May 2007, when her name was placed on the Temporary Disability
Retired List, she was assigned a disability rating for posttraumatic
stress disorder of 50% vice 30%, provided that such action does not
adversely affect her total compensation, including but not limited
to combat-related special compensation.

b. That a copy of these proceedings be filed in her 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.

(yuer CC
ROBERT D. ZSALMAN ; ES R. 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 PFRF

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