DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 3193-01
11 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORME Qi iene.
REVIEW OF NAVAL RECORD
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 naval record be corrected to
show that he was discharged by reason of physical disability, vice unsatisfactory
performance.
2. The Board, consisting of Messrs. Adams, Goldsmith and Schultz, reviewed Petitioner’s
allegations of error and injustice on 24 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. Petitioner enlisted in the Marine Corps on 2 June 1992. On 25 March 1994, the
President, Physical Evaluation Board (PEB) requested that the Commandant of the Marine
Corps (CMC) effect Petitioner’s discharge by reason of physical disability. Due to apparent
administrative inadvertence, Petitioner was discharged by reason of unsatisfactory
performance on | April 1994. In a message dated 20 April 1994, the CMC belatedly
directed that Petitioner be discharged by reason of physical disability.
CONCLUSION:
Upon review and consideration of all the evidence of record, 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 was discharged by reason of
physical disability on 1 April 1994, with entitlement to disability severance pay, and a 10%
rating 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. EKNICIOS
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.
Executive Direc
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