DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4623-01
2 October 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
Encl:
(1)
(2)
(2)
DD Form 149
NPC memo 5730 PERS-821, 4 Sep 01
Subject’s naval record
._-
..-
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
1.
filed enclosure (1) with this Board requesting, in effect, that naval record be corrected to
show that his name was not removed from the Temporary Disability Retired List (TDRL).
2. The Board, consisting of Messrs. Goldsmith, Shy and Zsalman, reviewed Petitioner
allegations of error and injustice on 27 September 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.
’s
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice finds as follows:
.
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
In correspondence attached as enclosure
(2), the Board was advised, in effect, by an
b.
official of the Naval Personnel Center that Petitioner ’s request for restoration to the TDRL
should be granted.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially the contents of
enclosure
corrective action.
(2), the Board finds the existence of an injustice warranting the following
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that his name was not removed
from the Temporary Disability Retired List on 1 August 2000, or discharged from the Navy.
b. That Petitioner be afforded a periodic physical examination as soon as practicable.
Current address:
c. That upon completion of the periodic physical examination, the Physical Evaluation
Board make a final determination of his fitness for duty, and assign a final disability rating if
he is found unfit for duty.
..-
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 foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
MES R. EXNICIOS
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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 Director
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