DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 8246-01
6 February 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
FORME
REVIEW OF NAVAL RECORD
Ref:
(a) 10 U.S.C. 1552
Encl:
(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 his naval record be corrected to
show that he was discharged by reason of physical disability, with a characterized separation.
He contends that he needs a characterized separation in order to qualify for medical benefits,
and states that when he signed a waiver of his right to appear before a physical evaluation
board, he did not understand that he was possibly giving up medical coverage for a present
medical condition.
2. The Board, consisting of Ms. Nofziger and Messrs. Chapman and Kim, reviewed
Petitioner’s allegations of error and injustice on 31 January 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
of error and injustice finds as follows:
’s allegations
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.
Petitioner served on active duty in the Marine Corps from 29 December 2000 to 6
September 2001, when he was discharged, with an uncharacterized separation, by reason of a
condition, not a disability, interfering with his performance of duty, because of chronic
metatarsal pain. He was discharged pursuant to his request, after waiving his right to appear
before a Physical Evaluation Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board was not persuaded
that Petitioner was unfit to perform the duties of his office, grade, rank or rating by reason
of physical disability. It concluded that he was properly separated from the Marine Corps by
reason of a condition, not a disability, which interfered with his performance of duty. It
noted, however, that as his separation processing was not initiated until after he had
completed 180 days of active duty service, he should have received a characterized
discharge, rather than an uncharacterized entry level separation.
In view of the foregoing, 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 he was
discharged from the Marine Corps on 6 September 2001.
honorably
b. That so much of Petitioner ’s request for correction of his naval
the foregoing be denied.
record as exceeds
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
Recorder
D. ZSALMAN
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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.
NAVY | BCNR | CY2002 | 08245-01
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 discharged by reason of physical disability, with a characterized separation. The Board, consisting of Ms. Nofziger and Messrs. Chapman and Kim, reviewed Petitioner’s allegations of error and injustice on 31 January 2002 and, pursuant to its regulations, determined that the corrective...
NAVY | BCNR | CY2001 | 07082-00
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 discharged by reason of physical disability, vice a condition, not a disability, interfering with duty. As he waived his right to appear before a physical evaluation board, it was recommended that he be administratively separated because of his bilateral knee pain and the stress...
NAVY | BCNR | CY2010 | 04605-10
The Board, consisting of Ms. Countryman and Messrs. Gattis and Whalen, reviewed Petitioner's allegations of error and injustice on 11 March 2011 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. d. In correspondence attached as enclosure (2), the [Commandant of the Marine Corps advised the Board, in effect, that Petitioner was not entitled to disability separation or retirement, as he...
NAVY | BCNR | CY2001 | 05274-99
REVIEW OF NAVAL RECORD Ref: (a) 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 her naval record be corrected to show that he was not discharged because of osteoporosis, and that his reenlistment code be changed. In the opinion of the orthopedic specialist who evaluated Petitioner, it was unclear whether the latter condition existed prior to Petitioner ’s enlistment, or...
NAVY | BCNR | CY2014 | NR0533 14
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Navy, filed enclosure (1) with this Board requesting, in effect, that the narrative reason for separation (Fraudulent entry into military service (other)) and the RE-4 reentry code issued on 17 February 2009, be upgraded. The Board, consisting of Mr. Bey, Ms. Lapinski, and Mr. Storz, reviewed Petitioner's allegations of error and injustice © on 12 March 2014, and, pursuant to its...
NAVY | BCNR | CY2002 | 09114-02
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 JRE Docket No: 9114-02 25 November 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORME REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. The Board, consisting of Messrs. McBride, allegations of error and injustice on 7 November 2002 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the...
NAVY | BCNR | CY2002 | 06629-99
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that naval record be corrected to show, in effect, that he was discharged for medical reasons, vice fraudulent enlistment. The Board, consisting of Messrs. Chapman, Mcculloch and Zsalman, reviewed Petitioner’s allegations of error and injustice on 4 January 2001 and, pursuant to its regulations, determined that the corrective action...
NAVY | BCNR | CY2005 | 05571-05
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 that she was discharged by reason of physical disability, vice a condition, not a disability, that interfered with her performance of duty.2 The Board consisting reviewed Petitioner s allegations of error and injustice on 8 September 2006, and pursuant to its regulations, determined that...
NAVY | BCNR | CY2013 | NR6862 13
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, to change his reentry code of RE-4 (not recommended for retention). The Board, consisting of Ms. Henkel and Messrs. Rothlein and Zsalman, reviewed allegations of error and injustice on 23 July 2014, and pursuant to its regulations, determined that relief should be granted. That Petitioner’s naval record be corrected to...
NAVY | BCNR | CY2013 | NR5689-13
1552 Encl: (1) DD Form 149 dtd 17 May 13 w/attachments (2) Subject’s naval record i. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be ‘corrected by changing the characterization of his general Giecharge issued on 12 July 1991 to an honorable discharge. On 12 July 1991, he received a general characterization of service due to...