DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS) 5
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No. 12887-10
22 December 2010
From: Chairman, Board for Correction of Naval Records
Te : Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a} 20 U.S.C. 1552
(b) DUSD (P&R) Memorandum for the Service Secretaries,
17 Jul 09
Enel : (1) DD Form 149
1. Pursuant to the provisions of reference (a), Subject,
hiseinafter referred to as Petitioner, requests correction of his
record as indicated in enclosure (1).
2. The Board, consisting of Messrs. aE Gey: ap
reviewed Petitioner's allegations of error and injustice on 10
December 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 Lh
accordance with the provisions of reference (b), the Board directs
the corrective action indicated below.
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 1 October 2004, vice the rating of 10% for that
condition 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 a copy of these proceedings be filed in his naval record.
4. Pursuant to Section 6(c) of the reyised 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 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 annotinced 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.
Ld Yon!
W. DEAN PF R
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