DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 10139-10
1 October 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
(b) DUSD (P&R) Memorandum for the Service Secretaries,
17 Jul 09
Hines (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 Messrs. i> GD>-1: Gp
reviewed Petitioner's allegations of error and injustice on 23
September 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, or it is in
the interest of justice to excuse Petitioner’s failure to file
enclosure (1) 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 final
rating of 50% 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. Theat Petitioner's naval« record ke corrected to show that
he was assigned a disability rating of 50% for posttraumatic
stress disorder when his name was placed on the Temporary
Disability Retired List effective 31 January 2005, vice the
rating of 30% he actually received on that date, 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 Codeapf Eederals+;.
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 ban i@e IGLOS
Recorder facting Recorder
5. Pursuant to the delegation of Ete 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.
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