DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100
Docket No. 8562-10
25 October 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
NAVAL RECORD
Ref: (a) LO U8 ee. LeS2
(b) DUSD (P&R) Memorandum for the Service Secretaries,
17 Jul O98
Encl: (1) DD Form 149
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 Mses. aS a and Mr.
aw reviewed Petitioner's allegations of error and injustice
on 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 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.
As Petitioner’s case has not been finalized by the Naval
Disability Evaluation System (DES), his request for a £inal
rating of 50% or higher for posttraumatic stress disorder is
premature and was not considered by the Board. He may reapply to
the Board after he has exhausted his administrative remedies
within the DES.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was assigned a disability rating of 50% vice 30% for
posttraumatic stress disorder when his name was placed on the
Temporary Disability Retired List effective 1 September 2008,
and a combined rating of 90% vice 70% provided that such action
does not adversely affect his total compensation, including but
not limited to combat-related special compensation.
b. 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 rekord of tle Board's
brocdedings in the above entitled matter.
ROBERT D. ZSALMAN [pean PB
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 ~PIRET
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