DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 8741-01
2 January 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subi
:
Ref:
Encl:
(a) 10 U.S.C. 1552
(1) DD Form 149
1. Pursuant to the provisions of reference (a), widow of Subject deceased former service
member, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting,
in effect, that her late husband’s naval record be corrected to show that he was retired by
reason of physical disability.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman and Adams, reviewed Petitioner’s
allegations of error and injustice on 31 December 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.
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. On 6 September 2001, Subject was found unfit for duty by the Physical Evaluation
IVb, mantle cell
because.of recurrent, refractory non-Hodgkin’s lymphoma, stave
Board
type, which was rated at 100% disabling under VA diagnostic code 7715. Subject’s transfer
to the Temporary Disability Retired List was deferred at his request. He died unexpectedly
on 26 December
2001 of a condition related to his disability.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board finds that it would be
in the interest of justice to grant Petitioner’s request.
RECOMMENDATION:
a. That Subject ’s naval record be corrected to show that the Secretary of the Navy
placed his name on the Temporary Disability Retired List effective 25 December 2001
pursuant to 10 U.S. Code 1202, with a disability rating of 100% under VA code 7715, for
recurrent, refractory non-Hodgkin ’s lymphoma, stage
IVb, mantle cell type, which did not
result from a combat related injury.
b. That a copy of this Report of Proceedings be filed in Subject 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
/Acting Recorder
.
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.
Executive
Direct0
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