DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NRO8292-13
9 December 2014
. i
. +, T 4a wv
Peon Chairman, Board for Correction of Naval Records
ae Ne ate te A Net a te
To: Secretary of the Navy
Subj: _REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2} Navy Council of Review Boards (CORB) letter 5220 CORB:0G2
dated 29 Jul 2014
(3) Petitioner’s response to the CORB letter of 25 Aug 2014
i. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that Petitioner's
naval record be corrected to show that he received a disability rating
of 30% from the Navy prior to his separation to receive a Medical
Retirement vice a discharge on 30 Jul 2012.
2. The Board, consisting of a,
reviewed Petitioner’s allegations of error and injustice on
8 December 2014 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. In correspondence attached as enclosure (2), the office
having cognizance cver the subject matter addressed in Petitioner's
application has commented to the effect that Petitioner's request
warrants partial relief as described below.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3), the
Board finds the existence of an injustice warranting the following
partial corrective: action.
Docket No.NRO8252-13
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. On 30 July 2012, Petitioner was discharged from the U.S. Navy
with 20% disability rating vice 10% disability rating, now of record.
“b. That so much of Petitioner’s request for corrective action as
exceeds the foregoing be denied; specifically that he receive a 30%
disability rating from the Navy and be Medically Retired.
c. A copy of this Report of Proceedings be filed in Subject’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 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.
CASH
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 partial corrective action, taken under the authority of
reference (a), has been approved by the Board on behalf of the
Secretary of the Navy.
9 December 2014
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2014 | NR6450 14
The Board, consisting of Messrs. Grover, Rothlein and Clemmons, reviewed Petitioner's allegations of error and injustice on 10 December 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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 quorum was present at the Board's review and...
NAVY | BCNR | CY2010 | 12884-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, requests correction of her record as indicated in enclosure (1). 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. Pursuant to the delegation of authority set out in Section 6(e) of...
NAVY | BCNR | CY2010 | 05584-10
The Board, consisting of Messrs. yp a: reviewed Petitioner's allegations of error and injustice on September 2010 and, pursuant to its regulations, determined that the action indicated below should be taken on the available evidence of record. c. In correspondence attached as enclosure (2), the Board was advised by the Director, Secretary of the Navy Council of Review Boards, in effect, that he recommends correcting Petitioner’s record to show that he was transferred to the...
NAVY | BCNR | CY2010 | 11213-10
CONCLUSION : Upon review and consideration of all the evidence of record, and in accordance with the provisions of reference (b), the Board directs the partial corrective action indicated below. As Petitioner did not submit any documentary evidence in support of his application, or consent to the release of his Department of Veterans Affairs (VA) records to the Board, he failed to demonstrate that his condition was ratable above 30% disabling in accordance with the provisions of 38 Code of...
NAVY | BCNR | CY2010 | 11216-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, requests correction of his record as indicated in enclosure (1). If you believe you are entitled to a higher final disability rating, you should submit a new application correction of your naval record, which will be processed in accordance with standard rather than expedited Board procedures. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for...
NAVY | BCNR | CY2008 | 03574-08
03574-08 11 May 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORME} aasea eens REVIEW OF NAVAL RECORD Ref: {a) 10 U.S.C. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he was retired by reason of physical disability due to a back condition and posttraumatic stress disorder 2. CONCLUSION: Upon...
NAVY | BCNR | CY2014 | NR3174 14
oOn 7 December 2007, he was counselled regarding being in a Class III (non- deployable) dental status and warned that unless he corrected his dental issues, he was subject to administrative separation. RECOMMENDATION: a: That Petitioner’s naval record be corrected to show that on 27 August 2008, he was issued an RE-3G reentry code vice the RE-4 now of record. a Recorder 5.
NAVY | BCNR | CY2014 | NR693 14
Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to a Prior Service Affiliation Bonus. In correspondence attached as enclosure (2), the office having cognizance over’ the subject matter addressed in Petitioner's application has commented to the effect that the request has merit and CONCLUSION Upon review and...
NAVY | BCNR | CY2010 | 12887-10
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. 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. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of...
NAVY | BCNR | CY2010 | 05582-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, requests correction of her record as indicated in enclosure (1). Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records. 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...