DEPA
EPARTMENT OF THE NAVY 555
BOARD FOR CORRECTION OF NAVAL RECO
e NAVY aNNwex PMO8cket No. 11871-10
WASHINGTON DC 20370-5100 7 January 2011
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
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). Although Petitioner
contends he has been permanently retired, available records
indicate he is on the Temporary Disability Retired List.
2. The Board, consisting of Messrs. Chapman, Dunn and Ivins
reviewed Petitioner's allegations of error and injustice on 13
January 2011 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 (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% 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 correctefl 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 30 May 2007, and a
combined rating of 80%, 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.
ROBERT D. ZSALMAN WE R. Viz.
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.
la DEAN deat
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