DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07286-10
1 November 2010
From: Chairman, Board for Correction of Naval Records
T6: Secretary of the Navy
NAVAL RECORD
Ret: (a} 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) SNCORB ltr 5220 CORB: 002, 24 Sep 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 was discharged by reason of physical disability vice
a personality disorder.
2. The Board, consisting of Ness: s > is °° ra
reviewed Petitioner's allegations of error an injustice on 28
October 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 the Navy Council of Review Boards recommends that
Petitioner's naval record be corrected to show that discharged by
reason of physical disability.
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
ActLON.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 17 December #004" while he was entitled to receive basic pay, the
Secretary of the Navy found him unfit to perform the duties of by
reason of physical disability due to major depress ive disorder, which
was incurred while Petitioner was entitled to receive basic pay; that
he also suffered from posttraumatic stress disorder that contributed
to the major depressive disorder but was not separately unfitting;
that the disability is not due to intentional misconduct or willful
neglect, and was not incurred during a period of unauthorized
absence; that the disability is considered to be ratable at 10% in
accordance with the Standard Schedule for Rating Disabilities in use
by the Department of Veterans Affairs at the time the Secretary found
Petitioner unfit, code number 9434;and that accepted medical
principles indicate the disability is of a permanent nature,
accordingly, the Secretary directed that Petitioner be discharged
effective 17 December 2004 pursuant to 10 U.S. Code 1203, with
entitlement to disability severance” pay. we _
b. 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.
ROBERT D. ZSALMAN ES LE
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.
\pQard
W. DEAN PF eo
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