DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
JRE
Docket No. 02407-01
5 April 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
FORMER
REVIEW
(a) 10 U.S.C. 1552
(1) DD Form 149
(2) Subject's naval record
Pursuant to the provisions of reference (a), Subject,
1.
hereinafter referred to as Petitioner,
this Board requesting, in effect, that his naval record be
corrected to show that he was not released from active duty and
discharged from the Navy on 14 December 2000, and that he be
processed for physical disability retirement.
filed enclosure (1) with
The Board, consisting of Messrs. Pfeiffer, Adams and George,
2.
reviewed Petitioner's allegations of error and injustice on 30
March 2001 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
The Board, having reviewed all the facts of record pertaining
3.
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 .
Petitioner was noted to have hemoccult positive stool
but results of fecal occult blood testing
during October 2000,
conducted at that time were negative.
active duty and discharged from the Navy on
During March 2001, he was diagnosed as suffering from metastatic
colon cancer, and became the subject of a medical evaluation
board (MEB) on 28 March 2001.
The MEB assessed his condition as
grave, and recommended referral to the Physical Evaluation Board.
He was released from
14 December 2000.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the findings of the 28 March 2001 medical
evaluation board, the Board concludes that Petitioner was
suffering from metastatic colon cancer when discharged from the
Had the condition been discovered prior
Navy in December 2000.
to his discharge, he would have been retained on active duty,
referred to the Physical Evaluation Board, and ultimately retired
Accordingly, the Board finds
by reason of physical disability.
the existence of an injustice warranting the following corrective
action.
._
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
he was not released from active duty or discharged on 14 December
2000.
b.
That Petitioner's naval record be further corrected to show
that on 28 March 2001, while he was entitled to receive basic
pay, the Secretary of the Navy found him unfit to perform the
duties of his rate by reason of physical disability due to
metastatic colon cancer, which was incurred while Petitioner was
that the disability is not due to
entitled to receive basic pay;
intentional misconduct or willful neglect, and was not incurred
during a period of unauthorized absence;
considered to be ratable at
Schedule for Rating Disabilities in use by the Department of
Veterans Affairs at the time the Secretary found Petitioner
unfit, code number 7343; that the disability is not combat
related; and that as accepted medical principles indicate the
disability may be of a permanent nature, the Secretary directed
that he be released from active duty on 30 March 2001, and
transferred to the Temporary Disability Retired List effective 31
March 2001 pursuant to 10 U.S. Code 1202.
that the disability is
100 % in accordance with the Standard
c. That his record be further corrected to show that on
March 2001, he elected Survivor Benefit Plan coverage for his
spouse and children, with coverage to be based on his full gross
retired pay.
30
d.
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
is a true and complete
above entitled matter.
record of the Board's proceedings in the
ROBERT D. ZSALMAN
Recorder
1Acting Recorder
delegation of authority set out in Section
Procedures of the Board for correction of
Pursuant to the
5.
6(e) of the revised
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
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