DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09111-10
26 August 2010
From: Chairman, Board for Correction of Naval Records
Toe: Secretary of the Navy
subj: For, QE vy 0E.
OF NAVAL RECORD
Ref: (A) 10 UsSsG. LaS2
Encl: (1) DD Form 149 w/attachments
(2) Subject’s naval record
(3) PDASN (M&RA) Memo for Ex Dir, BCNR, 12 Aug 10
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 permanently retired by reason of physical disability
with a rating of 50% or higher.
2. The Board, consisting of vses QD AD and —_—>
reviewed enclosures (1) and (2) as directed in enclosure , 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
record be corrected to show that he was discharged by reason of
physical disability effective 1 March 2008.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
1 March 2008, he was discharged by reason of physical disability in
accordance with the provisions of 10 U.S.C. 1203, with a disability
rating of 10% for posttraumatic stress disorder.
b. That no further relief be granted.
c. That a copy of this Report of Proceedings be filed 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.
LU CMALPC
ROBERT D. ZSALMAN JAMES R. NICIOS
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your review
and action. 4
\d Doan’ |
W. DEAN PF R
Pati ot
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Wiastingien: DC 20350-1000
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