DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JR]
Docket No. 02708-11
14 April. 2011
Cy
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: fa) 20 U.S.C... L552
(b) DUSD (P&R) Memorandum for the Service Secretaries,
17 Jul og
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. Garst, Gorenflo and McBride
reviewed Petitioner's allegations of error and injustice on 14 April
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 the request for permanent disability
rating of 50% or higher effective on the date of his permanent
retirement, as that issue it is beyond the scope of this review. If
Petitioner believes he is entitled to a higher final disability
rating, he should submit a new application 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
28 November 2006, when his name was placed on the Temporary Disabil Tey
Retired List, he was assigned a disability rating for posttraumatic
stress disorder of 50% vice 30%, 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 jk Lee
Ac
Recorder ting 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.
lyon )
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