DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 7198-02
11 December 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
DD Form 149 w/attachments
CNO memorandum 7220 Ser
Subject’s naval record
N130C3/02U0645 of 22 November 2002
1. 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 he was discharged from the US Navy after being found physically fit to
return to active duty and entitled to full separation pay.
2. The Board, consisting of Messrs.
allegations of error and injustice on 10 December 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.
Caron, Lippolis, and Rothlein, 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. Petitioner was placed on the Temporary Disability Retired List (TDRL) effective
30 September 1994. On 24 September 1999 Petitioner was found fit for duty by the Physical
Evaluation Board (PEB) and removed from the TDRL effective 30 September 1999.
C.
Petitioner accepted the findings of the PEB and advised the Navy Personnel
Command (NPC) he would return to active duty. When finalizing Petitioner’s appointment
documents NPC found that he was a three time
Commander and by statute could not return to active duty and must be discharged.
passover for promotion to Lieutenant
d.
In correspondence attached as enclosure
(2), the office having cognizance over the
subject matter addressed in Petitioner’s application has commented to the effect that the
request has merit and warrants favorable action.
Docket No:
7198-0’2
CONCLUSION
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a. Petitioner was removed from the TDRL effective 30 September 1999 and discharged
from the US Navy effective 25 January 2000 under the provision of Title 10 USC Chapter
36, section 632, and given a Separation Designator of “JGB” and was authorized full
separation pay.
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 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
G. L. ADAMS
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.
11 December 2002
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