DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11213-10
1 November 2010
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) 10 U,S.¢. 1552
Ref: (a) 10 U.S... 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 = sae
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).
c. Petitioner did not consent to the release of his Department
of Veterans Affairs records to the Board.
CONCLUSION :
Upon review and consideration of all the evidence of record, and in
accordance with the provisions of reference (b), the Board directs
the partial corrective action indicated below.
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, he failed to demonstrate
that his condition was ratable above 30% disabling in accordance with
the provisions of 38 Code of Federal Regulations part 4.130 on the
date of his permanent retirement, and as he was accorded a physical
examination during his tenure on the Temporary Disability Retired
List which fwas ,considéred by the Physical sEvaluation Board, there
is no basis for granting further relief. |
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that when
his name was placed on the Temporary Disability Retired List on 1
April 2007, he was assigned a disability rating of 50% vice 30% for
posttraumatic stress disorder under VA code 9411, provided that such
action does not adversely affect his total compensation, including
but not limited to combat-related special compensation, and that his
record be further corrected to show that the disability rating
reverted to 30% effective 31 January 2010, when he was permanently
retired by reason of physical disability.
b. That no further relief be granted. - - », { #
*
c. That a copy of this Report of Proceedings be filed in
Petitioner's 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.
ROBERT D. ZSALMAN
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.
W. DEAN Sets
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