DEP AR T MENT
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
0~ THE NAV
2
NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 7701-99
11 September 2000
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
Ref:
Encl:
REVIEW OF NAVAL RECORD
(a) 10 U.S.C. 1552
(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 when placed on the Temporary
Disability Retired List (TDRL), his disability was classified as combat related.
2. The Board, consisting of Messrs. Carlsen, Pfeiffer and Tew, reviewed Petitioner’s
allegations of error and injustice on 8 September 2000 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. On 26 October 1995, the Physical Evaluation Board (PEB) determined that
Petitioner was unfit for duty by reason of physical disability because of two conditions which
were rated at a combined 30 % . The conditions were not considered combat-related as
defined by 26 U.S. Code 104(b)(3). He was released from active duty on 31 January 1996,
and transferred to the TDRL. On 23 November 1999, the PEB confirmed the disability
In addition, it determined that
rating, and directed that Petitioner be retained on the TDRL.
the disabilities were combat-related. His health record indicates that his disabilities resulted
from injuries sustained on a combat assault course.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
action taken by the PEB on 23 November 1999, 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 26 October 1995, the
Physical Evaluation Board determined that his disabilities were combat-related, as that term
is defined in 26 U.S. Code 104(b)(3), and that the combat-related finding was approved by
the Secretary of the Navy.
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
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 W. DEAN PFEIFFER
Executive Director
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