DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10761-10
8 November 2010
From: Chairman, Board for Correction of Naval Records
Toe: Secretary of the Navy
Subj: CE osc, RET, ite
REVIEW OF NAVAL RECORD
Ref: (a) £6 U8. LSS2
(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 Ms. a: Messrs ——_—
and QW eviewed Petitioner's allegations of error and
injustice on 4 November 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 ina 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.
The Board did not consider your request for permanent disability
rating of 50% or higher effective 1 October 2007, when you were
permanently retired by reason of physical disability, as that
issue 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 2005, vice the
rating of 10% for that condition which he actually received on
that date, and a combined disability rating of 70% vice 40%,
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 Reqmrds (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
AE:
ROBERT D. 4SALMAN ES 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.
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