DEPARTMENT OF THE NAVY

BOARD 

FOR CORRECTION OF NAVAL

  RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TRG
Docket No:
17 October 2002

8322-01

Chairman, Board for Correction of Naval Records
Secretary of the Navy

RECORD OF

(a) Title 10 U.S.C. 1552

(1) Case Summary
(2) Subject's naval record

From:
To:

Subj:

Ref:

Encl:

Pursuant to the provisions of reference (a), Petitioner, a

1.
former enlisted member of the Naval Reserve, filed an application
with this Bpard requesting that her record be corrected to show
that she was not discharged on 1 October 2000 but continued to
serve in the 
She is also requesting credit for
paid-drills from February 2001.

Nava; Reserve.

The Board, consisting of Mr. McBride, Mr. 

2.
McCormick, reviewed Petitioner's allegations of error and
injustice on 8 October 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.

McPartlin  and Ms.

Documentary material

The Board, having reviewed all the facts of record pertaining

3.
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's application was filed in a timely manner.

.

act age 28.

Petitioner enlisted in the Naval Reserve on 29 March
She then served without incident for almost

On 12 December 1999 she was placed in a not

1997 
three years.
physically qualified status because of cancer.
Bureau of Medicine and Surgery  
(BUMED) found that she was not
physically qualified for retention in the Naval Reserve because
of the diagnosis of rhabdomyosarcoma.
of Naval Personnel directed the command to provide her advice as
Accordingly, she was informed by letter of   30
to her options.
May  2000  that unless she appealed the findings of
days she would be involuntarily discharged.

She was honorably

On 30 May 2000, the Chief

Subsequently, the

 

BUMED within   30

.

discharged on 1 October   2000.
indicated as unsatisfactory drill attendance and not being
physically qualified for retention.

The reason for discharge is

d.

Petitioner states that she was dropped from a drilling

but due to administrative error

status by the medical department,
she was charged with missing drills and was not informed of the
problem because the manpower department of the reserve center did
not have her current address.
she provided the manpower office with her correct mailing
However, she claims that she never received the
address.
notification of the  
right to appeal the decision.
her discharge certificate and was unaware that she had been
discharged.

BUMED action and was unable to exercise her
Additionally she never received

When she discovered the problem

e.

Petitioner has submitted evidence showing that after

In a 3 February 2001

However, the doctor noted that the Manual of the

completion of treatment for her cancer, she returned to the
reserve center to reaffiliate with a unit.
physical examination it was noted that her cancer was in
remission and she was physically qualified for service in the
Naval Reserve.
Medical Department states that a history of malignant tumor is
disqualifying for military service.
physically fit and very enthusiastic to continue her career.
appears that he then requested an additional review to allow her
to continue to serve.
she attempted to reaffiliate with a unit, and only then was it
discovered that she had been discharged.
discharge was improper in that she was never given an opportunity
to submit an appeal of the 
There is no evidence
that she has been allowed to reenlist since her discharge.

Petitioner states that on 21 February 2001

He noted that she was now

She believes her

BUMED decision.

It

CONCLUSION:

The fact that the doctor found her physically

The Board believes that she was not properly notified of
BUMED finding and was not given an opportunity to appeal that

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
the 
decision.
qualified within five months of her discharge suggests that an
appeal might have had some  
circumstances, the Board believes that she should be given an
opportunity to qualify for further service.
concludes that the discharge on 1 October 2000 should be
cancelled and she should be a member of the Individual Ready
Reserve 
BUMED can
consider her qualifications for retention in the Naval Reserve.
If she is ultimately found not physically qualified she can be

Once she has status,  

(IRR) from that date.

chanc,e of success.

Given the

Therefore, the Board

2

discharged at that time.

BUMED must agree that she is

The Board notes her request for drill pay credit from February
2001 when the unit doctor found her physically qualified.
However, it appears that since a history of a malignant tumor is
disqualifying for service,
Therefore, there is no evidence
physically qualified to serve.
that she would actually have been allowed to drill beginning in
February 2001.
that she is still not considered to be physically qualified.
Accordingly, the Board defers action on her request for the
She can submit another application on
crediting of paid drills.
this issue if and when she actually returns to a drilling status
and evidence is submitted that she would have been allowed to
drill beginning in February 2001 if she had not been discharged.

The fact that she has not reenlisted suggests

The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the circumstances of her case.

RECOMMENDATION:

That Petitioner's naval record be corrected to show that

a.
she was not discharged on 1 October 2000 but remained a member of
the IRR until a proper determination is made that she is either
physically or not physically qualified for retention in the Naval
Reserve.

That no action be taken at this time on her request for the

b.
crediting of paid drills

That this Report of Proceedings be filed in Petitioner's

C.
naval record.

It is certified that a quorum was present at the Board's

4.
review and deliberations,
complete record of the Board's proceedings
matter.

and that the foregoing is a true and

in the above entitled

ROBERT D. ZSALMAN
Recorder

Acting Recorder

Pursuant to the delegation of authority set out in Section

5.
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

3

authority of reference (a),
behalf of the Secretary of the Navy.

has been approved by the Board on