DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 1134-00
18 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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REVIEW OF NAVAL RECORD |
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) NCPB ltr 5420 Ser:01-10, 21 Mar 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.
2. The Board, consisting of Messrs. Kastner, Swarens and Whitener, reviewed Petitioner’s
allegations of error and injustice on 7 June 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 0%. Accordingly, he recommended that
Petitioner’s naval record be corrected to show that he was discharged by reason of physical
disability.
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 1998, he
was discharged by reason of physical disability, with entitlement to disability severance pay,
pursuant to 10 U.S. Code 1206, for the residual effects of right ankle sprain and right knee
sprain, rated together at 0% under VA code 5299-5003.
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. 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 PFE
Executive Director
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