DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 10142-10
25 October 2010
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
ean
REVLEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
(b) DUSD (P&R) Memorandum for the Service Secretaries,
L7 Tul Os
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).
>. The Board, consisting of Mses. ea and Gay and Mr.
QE eviewed Petitioner's allegations of error and injustice
on 21 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 1s 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.
The Board did not consider correcting the final disability
rating of 30% which you received when you were permanently
retired by reason of physical disability on 31 August 2010, as
it is beyond the scope of this review. If you believe you are
entitled to a higher final disability rating, you should submit
a new application correction of your naval record, which will be
processed in accordance with standard rather than expedited
Board procedures.
RECOMMENDATION :
a. That Petitioner's naval record be 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 29 November 2007, vice the
rating of 30% for that condition which 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 no further relief be granted.
c. 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 793.6(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 ee em”
al
WE?
ROBERT D. ZSALMAN JAMES R. EXNICIOS
Recorder /Acting Recorder
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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 1s 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.
Wary),
W. DEAN P FRAR
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