DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 13439-10
28 January 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
RSs reece
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).
2. The Board, consisting of Messrs. W. Hicks, Spooner and Storz
reviewed Petitioner's allegations of error and injustice on 21
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.
The Board did not consider Petitioner’s request for a permanent
disability rating of 50% or higher effective the date of his
permanent retirement by reason of physical disability, as that issue
it is beyond the scope of this review. If Petitioner believes he is
entitled to a higher final disability rating, he may submit a new
application for correction of his 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 on
29 December 2006, when his name was placed on the Temporary Disability
Retired List, he was assigned a disability rating for posttraumatic
stress disorder of 50% vice 10%, and a combined rating of 60% 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 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 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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