DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-B 100

JRE
Docket No. 01423-07
12 February 2008

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

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	Subj:	FORMER
REVIEW OF NAVAL RECORD

Ref:	(a) 10 U.S.C. 1552

EnCI:	(1) ED Form 149
(2)	Subject’s naval record

1.	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 show that he was discharged by reason of physical disability.

2.	The Board, consisting of Messrs. ~ , ~ and~ reviewed Petitioner’s allegations of error and injustice on February 2008, and pursuant to its regulations, determined that the 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.	On 13 August 2003, the Commander, Navy Personnel Command, directed Petitioner’s commanding officer to advise Petitioner that he had been found not physically qualified for further service in the Navy Reserve, and that he had the option of requesting transfer to the Retired Reserve, if eligible; referral of his file to the Physical Evaluation Board for final determination of his physical qualification for service; or discharge in accordance with Military Personnel Manual (MILPERSMAN) article 1910-168, by reason of not being physically qualified for further service. Petitioner was discharged on 27 August 2003 in accordance with MILPERSMAN article 1910-120, by reason of a condition, not a disability, which interfered with his performance of duty.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner should have been discharged in accordance with MILPERSMA~ article 1910-168, vice 1910-120. Accordingly, it finds the existence of an injustice warranting the following corrective action.

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected to show that he was discharged from the Navy Reserve on 27 August 2003 by reason of his having been found not physically qualified for further service, in accordance with MILPERSMAN article 1910-168, without entitlement to disability benefits administered by the Department of the Navy.

b.	That a copy of this Report of Proceedings be filed in Petitioner’s naval record.

4.	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	JAMES R. EXNICIOS
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.

‘	 W. DEAN PFEIFFER
Executive Director

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