DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD BLDG 12, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 1326-13
December ‘16, 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj, FORMER FC»
REVIEW OF NAVAL RECORD _
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) CORB, Itr 5220 CORB:002, 24 Sep 13
(3) Subject's naval record
4. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as
Petitioner, filed enclosure (1) with this Board requesting, in effect, that her naval record
be corrected to show that she was retired by reason of physical disability on 1 March
2006 with a disability rating of 100%.
> The Board. consisting @fiaeeiece ea eS ates WHR viewed Petitioner's
allegations of error and injustice on 12 December 2013 and, pursuant to its regulations,
determined that the partial corrective 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, Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
c. In correspondence attached as enclosure (2), the Director, Secretary of the Navy
Council of Review Boards expressed the opinion that at the time of Petitioner's transfer
to the TDRL in 2006 her condition was ratable at 30 percent, and that it was not
combat-related. He recommended that the Board consider granting her partial relief by
adjusting the date of her transfer to the Retired List from 2011 to 2009.
Printed on 6) Recycled Paper
=
d. Acopy of enclosure (2) was sent to Petitioner on 15 October 2013 for her review
and comment. To date no comments have been received from her.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of
the contents of enclosure (2), the Board finds the existence of an injustice warranting
adjustment of the date of Petitioner's transfer to the Retired List to 1 July 2009;
however, the Board was not persuaded that the disability should be classified as
combat-related, or that it was ratable at 100 percent, when she was transferred to the
Temporary Disability Retired List effective 1 March 2006.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that whe was permanently
retired by reason of physical disability on 26 June 2009 with a disability rating of 100%
for schizoaffective disorder.
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 ES R. ICIOS
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.
Ls heaas ,
W. DEAN PFEIFFE
Executive Direct
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