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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.  1552 

Encl: 

(I)  DD Form  149 
(2)  Subject's  naval  record 

1.  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 that 
he was  retired  by  reason  of  physical disability prior  to his death. 

2.  The Board,  consisting of  Ms.  Moidel  and  Messrs.  Carlsen  and  Morgan,  reviewed 
Petitioner's  allegations of  error and  injustice on  28 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.  Subject enlisted  in  the Navy  on  18 September 1997.  He  was  hospitalized at a 

civilian medical facility on  or about  19 July  1999 for treatment of  viral  meningoencephalitis. 
He died on  24 July  1999 of cardiopulmonary arrest,  secondary to a pulmonary  embolism, 
secondary to the viral  meningoencephalitis. 

Upon  review and consideration of  all  the evidence of  record,  the Board  concludes that  had 
the  severity of  Subject's  condition been  recognized, he  would  have undergone expedited 
disability evaluation, and been  retired  by  reason  of  physical disability prior  to his death. 
Accordingly, the Board  finds the existence of  an  injustice warranting  the correction  of  his 
reenlistment code. 

RECOMMENDATION: 

a.  That Subject's naval  record  be corrected  to show  that on  22 July  1999, the Secretary 
of  the  Navy  found him  unfit to perform  the duties of  his rate by  reason  of  physical  disability 
because of  viral  meningoencephalitis, which  was  incurred  while he  was  entitled to basic pay, 
and  was  ratable at  100% under  VA  Schedule for Rating  Disabilities code 8099-8000; and  that 
as the condition may  be permanent, the Secretary directed that  he be  released  from  active 
duty on  22 Jul  1999, and  transferred  to  the Temporary  Disability Retired  List effective 23 
July  1999, pursuant  to  10 U.S.  Code  1202, with  a disability rating of  100%. 

b.  That a copy of  this Report  of  Proceedings be  filed  in  Subject'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 

~ M E S  R.  EXNICIOS 
Acting  Recorder 

5.  Pursuant to the delegation of  authority set out in  Section 6(e) of  the revised  Procedures 
of  the b o . d   f-ur- i u r l - ~ ~ t i u l ~  
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. 

of  N l i J  Rczcda (32 C d r :  of  Fdcrdl Rcgul~lions, Sixliorl 

Executive Director 



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