Van Cleave v. United States

ORDER AND OPINION

HODGES, Judge.

Mr. Van Cleave was separated from the Navy in July 1997 with a ten percent disability rating for migraine headaches and $46,720.80 in severance pay. Plaintiff sought an adjustment from the Board for Correction of Naval Records in August 1999 to reflect a disability rating of at least thirty percent. The adjustment would have placed plaintiff on the permanent disability retirement list and entitled him to disability retirement pay.

The BCNR denied plaintiffs application for relief. The Board’s rationale for denial was arbitrary and capricious, and its ruling on…