Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 09111-10
Original file (09111-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 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

Similar Decisions

  • NAVY | BCNR | CY2010 | 09104-10

    Original file (09104-10.pdf) Auto-classification: Approved

    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. That Petitioner's naval record be corrected to...

  • NAVY | BCNR | CY2010 | 09103-10

    Original file (09103-10.pdf) Auto-classification: Approved

    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. CONCLUSION : As Petitioner did not submit any material evidence in support of his application, and has not demonstrated that his condition was ratable above 0% disabling in accordance with the provisions...

  • NAVY | BCNR | CY2010 | 09101-10

    Original file (09101-10.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-51 00 JRE Docket No. 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. CONCLUSION: As Petitioner did not submit any material evidence in support of...

  • NAVY | BCNR | CY2010 | 11211-10

    Original file (11211-10.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. ne reviewed Petitioner's allegations of error and injustice on 28 October 2010 and, pursuant to its regulations, determined that the action indicated below should be taken on the available evidence of record. As Petitioner did not submit any documentary evidence in support of his application, or consent to the release of his Department of Veterans Affairs (VA) records to the Board, and as he failed to demonstrate that his condition was ratable above 10%...

  • NAVY | BCNR | CY2010 | 12890-10

    Original file (12890-10.pdf) Auto-classification: Approved

    The Board, consisting of vecc:s iy Simmy -- reviewed Petitioner's allegations of error and injustice nd December 2010 and, pursuant to its regulations, determined that the action indicated below should be taken on the available evidence of record. As Petitioner did not submit any documentary evidence in support of her application, or consent to the release of her Department of veterans Affairs (VA) records to the Board, and as she failed to demonstrate that her condition was ratable above...

  • NAVY | BCNR | CY2010 | 09108-10

    Original file (09108-10.pdf) Auto-classification: Approved

    09108-10 26 August 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy OF NAVAL RECORD Ref: (a) 10 U.8.C. 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. CONCLUSION: As Petitioner did not submit any material evidence...

  • NAVY | BCNR | CY2010 | 05911-10

    Original file (05911-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected to show that she was permanently retired by reason of physical disability with a rating of 50% or higher. As Petitioner did not submit any documentary evidence in support ef her application, or consent to the release of her Department of Veterans Affairs (VA) records to the Board, and as she failed...

  • NAVY | BCNR | CY2010 | 09110-10

    Original file (09110-10.pdf) Auto-classification: Approved

    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. 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...

  • NAVY | BCNR | CY2013 | NR8367 13

    Original file (NR8367 13.pdf) Auto-classification: Approved

    8367-13 28 January 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. Petitioner was released from active duty on 9 December 2005 by reason of completion of required active service, and assigned a reentry code of RE-1A, which indicates he was recommended and considered eligible for reenlistment at that time. That a copy of this Report of Proceedings be filed in Petitioner's naval record.

  • NAVY | BCNR | CY2008 | 06907-08

    Original file (06907-08.pdf) Auto-classification: Approved

    06907-08 18 May 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: wi REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. Petitioner was involuntarily discharged from the Marine Corps on 11 July 2008 for the convenience of the government due to a condition, not a disability, namely, migraine headaches. That Petitioner's naval record be further corrected to show that on 10 July 2008, while he was entitled to receive basic pay, the Secretary of the Navy found...