Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 05280-01
Original file (05280-01.pdf) Auto-classification: Approved
D E P A R T M E N T O F  THE  N A V Y  

B O A R D   F O R   C O R R E C T I O N  O F   N A V A L   R E C O R D S  

2   N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

JRE 
Docket No:  5280-01 
18 March  2002 

From:  Chairman, Board  for Correction of  Naval  Records 
To: 

Secretary of  the Navy 

REVIEW  OF NAVAL RECORD 

Ref: 

(a)  10 U.S.C.  1552 

Encl: 

(1)  DD  Form  149 
(2)  NCPB  ltr 5420 Ser: 1-24, 1 Nov  0 1 
(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  retired  by  reason  of physical  disability, or, in  the alternative, that  he  was 
transferred to  the  Fleet  Reserve pursuant to  the Temporary Early  Retirement Authority. 

2.  The Board, consisting of  Ms.  Davies and  Messrs.  Pfeiffer and  Zsalman, reviewed 
Petitioner's allegations of  error and  injustice on  7 March  2002 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 was  discharged  by  reason  of  physical  disability on  18 April  1981, because 

of  a lower back  condition rated  at 20%.  He completed  18 years,  1  month and  18 days of 
active duty  service, and  received  disability severance pay  in  the amount of  $56, 829.60. 

d. 

In correspondence attached as enclosure (2), the Director, Naval  Council of 

Personnel Boards,  expressed  the opinion that at the time of  Petitioner's  discharge, his back 
condition did  not  meet  the criteria for a final rating in  excess of  20%.  Accordingly, he 
recommended that  Petitioner's request  for correction of  his naval  record  be denied. 

CONCLUSION: 

Upon  review  and consideration of  all  the evidence of  record,  the Board  was  not persuaded 
that  Petitioner  should have been  retired  by  reason  of  physical disability, vice discharyed  with 
entitlement to disability severance pay.  In  this connection  it  substantially concurs with  the 
comments contained in  enclosure (2). 

In  addition to the foregoing, the Board  concludes that in  view  of  Petitioner's  lengthy period 
of  service  to  his country, and  the premature termination of  his career  through no  fault of  his 
own, it would  be  in  the interest of justice  to grant his  request  for correction of  his  record  to 
show that  he transferred to the Fleet  Reserve pursuant  to  the provisions of TERA. 

RECOMMENDATION: 

a.  That  Petitioner's  naval  record  be  corrected to show  that  he  was  not  discharged  from 

the Navy  on  18 April 200 1. 

b.  That  Petitioner's  naval  record  be  further corrected to show that he was released 
from  active duty on  30 April  2001, and  transferred to the  Fleet  Reserve on  1  May  2001, 
pursuant to the Temporary  Early  Retirement Authority. 

c.  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 

L / ~ c t i n ~  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 Director 



Similar Decisions

  • NAVY | BCNR | CY2002 | 03284-02

    Original file (03284-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, tiled enclosure (1) with this Board requesting, i n effect, that the applicable naval record be corrected to show that Petitioner was authorizies an extension of the one (1) year period in which to ship his household goods (HHGs) at governnient expense incident to his transfer to the Fleet Reserve. The Board, consisting of Messrs. George, Goldsniith, and Mr. Pfeiffer, reviewed Petitioner's...

  • NAVY | BCNR | CY1999 | 01648-99

    Original file (01648-99.pdf) Auto-classification: Approved

    D E P A R T M E N T O F T H E N A V Y BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-51 W JLP: tj Docket No: 1648-99 10 August 1999 From: To: Chairman, Board for Correction of Naval Records Secretary of the Navy Subj : REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, filed enclosure (I) with this Board requesting, in effect, that the applicable naval record be corrected to show...

  • NAVY | BCNR | CY2002 | 00658-02

    Original file (00658-02.pdf) Auto-classification: Approved

    DEPARTMENT OF THE N A V Y B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S 2 N A V Y A N N E X W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 JRE Docket No: 658-02 10 May 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy REVIEW OF NAVAL RECORD - Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, widow of Subject, filed enclosure (1) with this Board requesting, in effect, that Subject's naval record be corrected to show...

  • NAVY | BCNR | CY2002 | 10312-02

    Original file (10312-02.pdf) Auto-classification: Approved

    d. Petitioner was released from active duty and discharged from the Navy on 28 February 2002, and he accepted a commission in the Naval Reserve. That Petitioner's naval record be further corrected to show that on 30 May 2002, while he was entitled to receive basic pay, the Secretary of the Navy found him unfit to perform the duties of grade by reason of physical disability due to migraine headaches, and status/post Lisfranc fracture, left foot, which were incurred while Petitioner was...

  • NAVY | BCNR | CY1998 | 06586-98

    Original file (06586-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 June 1999. Sincerely, W. DEAN PFEIFFER Executive Director Enclosure DEPARTMENT OF THE NAVY WAVY P E R I O W W U C O Y Y A N D 5720 IWTE9RWY DRIVE MILLIWOTON I N 38055-0000 1830 Pers823 Ser 45 1 1 Jun 1999 Subj: COMMENTS AND RECOMMENDATIONS ICO - Ref: (a) Pers-OOXCB ltr of 3 1 March 1999 NAVAL RECORDS Encl: (1) BCNR File with Microfiche Service Record MEMORANDUM...

  • NAVY | BCNR | CY2003 | 03483-03

    Original file (03483-03.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner's entitlement to ship household goods (HHGs) at government expense incident to his transfer to the Fleet Reserve was extended. The Board, consisting of Mr. Nicholson, Dr. Schultz, and Ms. Moidel, reviewed Petitioner's allegations of error and injustice on 15 May 2003 and,...

  • NAVY | BCNR | CY2002 | 02198-02

    Original file (02198-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps Reserve filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve, vice being discharged on 31 December 2001 or any other date. However, the Board is aware that Headquarters Marine Corps has routinely recommended corrective action in similar cases when an individual is qualified for reserve retirement and there is...

  • NAVY | BCNR | CY2003 | 02982-03

    Original file (02982-03.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR C O R R E C T I O N O F N A V A L RECORDS 2 N A V Y A N N E X W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 MEH:ecb Docket No: 2982-03 22 July 2003 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj : REVIEW OF NAVAL R E C m Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Subject's widow, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable...

  • NAVY | BCNR | CY1999 | 02265-99

    Original file (02265-99.pdf) Auto-classification: Approved

    In view of the requirements of the Uniform Retirement Date Act, the Board further concludes that the transfer to the Retired Reserve should be effective on 1 February 1993. The Board further concludes that this Report of Proceedings should be filed in Petitioner's naval record so that all future reviewers will understand his correct status in the Retired Reserve. That Petitioner's naval record be corrected to show that he transferred to the Retired Reserve in the grade of GYSGT on...

  • NAVY | BCNR | CY1998 | 00352-98

    Original file (00352-98.pdf) Auto-classification: Approved

    ... he was placed in an appellate leave status while undergoing disciplinary action and ultimately a GCM.... when his GCM was completed, he had been reduced in rank to private and given a general discharge .... the GCM findings and sentence were overturned on 29 January 1998. In consideration of the above facts, we recommend that Petitioner's records be corrected to show that he was not given a general discharge on 9 March 1998; and that he was transferred to the E'MCR in the rank of staff...