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
NAVY | BCNR | CY2005 | 05881-05
Pursuant. o the provisions of reference (a), Subject, hereinafterreferred to as Petitioner, filed enclosure (1) with this Boardr questing, in effect, that the applicable naval record be correctedt show that he was discharged by reason of physical disability vicefailure to adapt.2. 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...
NAVY | BCNR | CY1999 | 05437-99
The Board, consisting of Messrs. George, Pfeiffer and Zsalman, reviewed Petitioner's allegations of error and injustice on 25 August 1999 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Subject's disability evaluation proceedings should have been completed prior to his death. Accordingly, it finds the...
NAVY | BCNR | CY2001 | 07368-01
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed an application with this Board requesting that his record be corrected to show reinstatement on active duty or a change in the reenlistment code. However, after reviewing the Navy's evaluation, the Board concludes that even if Petitioner did not have a personality disorder, his problems were sufficiently severe to warrant discharge. The Board notes that portion of the DVA evaluation...
NAVY | BCNR | CY2001 | 06816-01
D E P A R T M E N T O F THE NAVY 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 MEH:ddj Docket No: 68 16-0 1 12 March 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 'Title 10 U.S.C. 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...
NAVY | BCNR | CY2002 | 02905-02
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, i n effect, that the applicable naval record be corrected to show Enlistment Bonils (EB) entitlement. The Board, consisting of Messrs. Mackey, Pauling, and Ms. McCormick, reviewed Petitioner's allegations of error and injustice on 9 April 2002 and, pilrsuant to its regulations, determined that the corrective action indicated below should be taken on the...
NAVY | BCNR | CY2002 | 01988-02
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, tiled enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to change the term of reenlistment. The Board, consisting of Messrs. Harrison, McPartlin, and Pauling, reviewed Petitioner's allegations of error and injustice on 26 March 2002 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available...
NAVY | BCNR | CY2002 | 10312-02
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 | CY2001 | 05280-01
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. The Board, consisting of Ms. Davies and Messrs. Pfeiffer and Zsalman, reviewed Petitioner's allegations of error and...
NAVY | BCNR | CY2002 | 00839-02
D E P A R T M E N T O F T H E NAVY BOARD F O R C O R R E C T I O N OF NAVAL R E C O R D S 2 NAVY ANNEX W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 BJG Docket No: 839-02 25 February 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD - - Ref: (a) Title 10 U.S.C. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed the requested correction of Petitioner's...
NAVY | BCNR | CY1999 | 01648-99
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...