DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JW
Docket No: 4414-00
22 February 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
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Ref:
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REVIEW OF NAVAL
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(a) 10 U.S.C. 1552
(1) DD Form 149
(2) Subject’s naval record
enciosure
1. Pursuant to the provisions of reference (a), Petitioner, widow of Subject, filed
(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 Messrs. Ensley,
allegations of error and injustice on 19 January 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.
Mazza and Silberman, reviewed Petitioner’s
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 was severely injured in a motor vehicle accident during the afternoon of 2
June 2000. He was hospitalized and underwent surgery, which was completed at
approximately 1930 hours, at which time he was placed on life support.
disability processing was initiated by officials of his unit at 1430 hours, 3 June 2000.
Subject died at about 1515 hours, after he was
imminent death processing was cancelled.
removed,from life support; thereafter, the
Imminent death
,
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that there
would have been sufficient time to complete imminent death processing in this case had it
’s hospitalization and surgical stabilization, when
been initiated on 2 June 2000, upon Subject
the severity of his condition became apparent. Accordingly, the Board finds the existence of
an injustice warranting the following corrective action.
RECOMMENDATION:
a. That Subject ’s naval record be corrected to show that he was permanently retired by
reason of physical disability on 3 June 2000, prior to his death, pursuant to 10 U.S. Code
1201, with a disability rating of 100% for traumatic brain injury.
b. That Subject ’s record be further corrected to show that on 2 June 2000, with the
consent of his spouse, he elected a children only annuity under the Survivor Benefit Plan,
computed on the basis of the full amount of his retired pay
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
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
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