DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09110-10
26 August 2010
From: Chairman, Board for Correction of Naval Records
Te¢ Secretary of the Navy
OF NAVAL RECORD
Ed
=
Ref: (ay 20 U.S.C. 1552
Encl: (ij) DO Form 149 w/attachments
(2) Sub) eet" S naval record
(3) PDASN (M&RA) Memo for Ex Dir, BCNR, 12 Aug 10
1. Pursuant to the provisions of reference (a), Sub ject;
hereinafter referred to as Petitioner, filed enclosure (1) with this
Board requesting, in effect, that his naval record be corrected to
"how that he was permanently retired by reason of physica! disability
with a rating of 50% or higher.
2. The Board, consisting of Mses rs Beh ere and Mr.
reviewed enclosures (1) and (2) as directed in enclosure 3), and
determined that the action indicated below should be taken.
3. On 17 August 2010, as directed in enclosure (3), the Board
directed that Petitioner's name be placed on the Temporary Disability
Retired list for a period of six months.
4. Petitioner did not submit any evidence in support of his
application or consent to the release of his Department of Veterans
Affairs (VA) records to the Board.
CONCLUSION :
As Petitioner did not submit any material evidence in support of his
application, and has not demonstrated that his condition was ratable
above 10% disabling in accordance with the provisions of 38 Code of
Federal Regulations part 4.130, there is no basis for assigning him
a final disability rating in excess of 10% upon the expiration of
six months from the effective date of his transfer to the Temporary
Disability Retired List. Accordingly, the Board recommends that his
ected to show that he was discharged by reason of
record be corr
ary 2005.
physical disability effective 1 Janu
RECOMMENDATION:
That Petitioner's naval record be corrected to show that on
1 January 2005, he was discharged by reason of physical disability
in accordance with the provisions of 10 U.8.c. 1203, witha disability
rating of 10% for posttraumatic stress disorder.
Phe
b. That no further relief be granted.
oe, Theat a copy of this Report of Proceedings 3 led in
Petitioner's naval record.
4. 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.
MEE LZE
Acting Recorder
ROBERT D. ZSALMAN
Recorder
5. The foregoing report of the Boge wf s sprerer for your reviex
and action.
ROBERT L. WOODS
Assistan\ General Counsel —
(Manpows! and Reserve Affairs)
4000 Navy “emtagon, Rm 4D548
Washington, 96 20350-1 000
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