DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10145-10
1 November 2010
From: Chairman, Board for Correction of Naval Records
TS; Secretary of the Navy
Subj ps a
REVIEW OF NAVAL RECORD
Ref: fa) 10 U.S.C. 1552
Ref: (aj) 10 U.8.C. 1552
(b) DUSD (P&R) Memorandum for the Service Secretaries,
17 Jul 09
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).
2. The Board, consisting of Messrs _eueet Gu anc qua
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. 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 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 (ob), the Board directs
the corrective action indicated below.
As Petitioner's case has not been finalized by the Naval Disability
Fvaluation System (DES), his request for a final rating of 50% or
higher 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. That Petitioner's naval record be corrected to show that
he was assigned a disability rating of 50% vice 10% for posttraumatic
stress disorder when.his name was placed on the Temporary Disability.
Retired List effective 26 September 2007, and a combined rating of
60% vice 30%, 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 Code of Federal 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.
YUL.
ROBERT D. ZSALMAN AMES R. EXNICIOS
Recorder Acting Recorder
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 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.
WwW.
“DEAN P
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