DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 65-0 1
21 May 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
End: (1) DD Form 149
(2) NCPB ltr 5420 Ser:1-17, 1 May 01
(3) 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 naval record be corrected to show that he was
discharged by reason of physical disability, with entitlement to disability
benefits administered by the Department of the Navy.
2. The Board, consisting of Mses. Gilbert and Schnittman and Mr. Bishop,
reviewed Petitioner’s allegations of error and inj ustice on 17 May 2001
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. Enclosure (1) was filed in a timely manner.
c. In correspondence attached as enclosure (2), the Director, Naval
Council of Personnel Boards expressed the opinion that at the time of
Petitioner’s discharge, he was unfit by reason of physical disability rated
at 10%; accordingly, he recommends that Petitioner’s naval record be
corrected to show that he was discharged with entitlement to disability
severance pay.
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 the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on 30
December 2000, while he was entitled to receive basic pay, the Secretary of
the Navy found him unfit to perform the duties of his rank by reason of
physical disability due to status post repair of retinal detachment, right
eye, with decreased visual acuity, rated at 10% less a 0% EPTS factor,
under VA code 6099-6079;and that accepted medical principles indicate the
disability is of a permanent nature, accordingly, the Secretary directed
that Petitioner be discharged by reason of physical disability effective 31
December 2000 pursuant to 10 U.S. Code 1203, with entitlement to disability
severance pay.
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 MES R.
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.
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