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NAVY | BCNR | CY1999 | 00502-99
Original file (00502-99.pdf) Auto-classification: Approved
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

JRE 
Docket No:  502-99 
23 August  1999 

From:  Chairman,  Board  for Correction of  Naval  Records 
To: 

Secretary of the Navy 

Subj : 

FORMER 
REVIEW 

Ref: 

(a)  10 U.S.C.  1552 

Encl : 

(1)  DD 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 his record be corrected to show 
that he was discharged from  the U.S.  Marine Corps Reserve (USMCR) for a reason  other 
than being  found not physically qualified for further  service,  o that he may  reenlist in  the 
USMCR. 

2.  The Board,  consisting of Messrs.  Bartlett, Ensley  and  ~chultz, reviewed Petitioner's 
allegations of error and injustice on  19 August  1999 and, pursuant to its regulations, 
determined that the corrective action indicated below  should qe 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. 

s 

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 d l  administrative remedies 

available under existing law and regulations within the Department of  the Navy. 

b.  Enclosure (1) was  filed in  a timely  manner. 

c.  Petitioner was placed  in  a non-pay, temporary  not physically qualified status, in 

1995 because of  knee pain  and  swelling.  He was discharged from the USMCR on  6 January 
1997, after being  found not physically qualified for retention  y the Chief, Bureau  of 
Medicine and  Surgery on  8 November  1996, because of  chronic patellofemoral pain 
syndrome, left knee. 

b 

d.  Petitioner has  submitted medical evidence which  indicates that he had  minimal 

impairment of  the left knee on 8 August  1996, e.g., he was running up  to  four miles per day 

without symptoms.  Petitioner disclosed,  however,  that  he  had pain  with  kneeling on  his 
knee,  which  might last several days.  In  the opinion of  the civllian orthopedic surgeon who 
examined him  on  that date, he was  fit for full duty.  On  13 J  uary  1999, he  was  found to 
have a normal  right knee,  with  no  symptoms, and  that  had  b  n  able to  run  up  to  16 miles 
without any swelling of  the knee. 

4 

CONCLUSION: 

Upon  review  and  consideration of  all the evidence of  record,  and the Board  concludes that 
Petitioner's discharge was proper; however,  in  view  of  the 
available medical  evidence, and  Petitioner's apparent  full 
the Board  concludes that it would  be in  the interest of 
show that  he was  discharged by  reason  of  Secretarial 
physical  qualification for further service in  the USMCR. 

Petitioner's record  to 
reason  of  his  lack of 

ewhat equivocal nature of  the 

follwoing his discharge, 

RECOMMENDATION: 

a.  That Petitioner's naval  record  be corrected  to  show t  at he  was  discharged  from  the 

U.S.  Marine Corps Reserve on  6 January  1997 by  reason  of 3 ecretarial authority. 

b.  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 
Recorder 

1 Acting Reclrder 

5.  Pursuant to  the delegation of  authority set out in  Section  (e) of  the revised  Procedures 

of the Board  for correction of  Naval  Records (32 Code of  F d eral 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. 

Executive Director 



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