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. 1552
Encl:
(1) DD Form 149
1.
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
tiled 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 convenience of the
government. He contends that he has been denied medical care by the Department of
Veterans Affairs because of the basis for his discharge.
2. 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 available
evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
Novello and Schultz, reviewed Petitioner ’s
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 enlisted in the Marine Corps on 28 May
2002. He was hospitalized on 26
June 2002 for necrotizing fascitis of the soft tissue of his left thigh, and required extensive
medical and surgical treatment, to include skin grafting. On 11 September
authority determined that he was not physically qualified for service because of the residual
effects of that condition, and he was recommended for an entry level separation. After being
advised of the recommendation, Petitioner indicated that he did not want to return to recruit
training. He was discharged from the Marine Corps on 26 September
level separation, for the convenience of the government because of a condition, not a
disability, interfering with his performance of duty.
2002, with an entry
2002, medical
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that due to
the residual effects of an infection and the treatment therefor, Petitioner was unfit by reason
of physical disability, and should have been discharged for that reason, rather than the
convenience of the government. Accordingly, 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 on 25 September
while he was entitled to receive basic pay, the Secretary of the Navy found him unfit to
perform the duties of his rank by reason of physical disability due to necrotizing fascitis,, soft
tissue, left thigh, status/post skin grafting, which was incurred while Petitioner was entitled to
receive basic pay; that the disability is not due to intentional misconduct or willful neglect,
and was not incurred during a period of unauthorized absence; that the disability was incurred
in the line of duty after 14 September 1978; that the disability is considered to be ratable at
0% in accordance with the Standard Schedule for Rating Disabilities in use by the Department
of Veterans Affairs at the time the Secretary found Petitioner unfit, Code Number 7805;and
that the Secretary directed that Petitioner be discharged by reason of physical disability
effective 26 September 2002 pursuant to 10 U.S. Code 1203.
2002,
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 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
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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.
Executive
Direc
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AF | PDBR | CY2010 | PD2010-00336
CI CONTENTION : The CI contends his shoulder condition was improperly rated by the PEB: ‘’USMC rated under code 5399-5003. Shoulder Condition . The MEB NARSUM was 5 months prior to separation and has higher probative value with regard to rating the severity of the CI’s conditions based on proximity in time to separation, however the VA C&P 11 months after separation was reviewed and taken into consideration during Board deliberations as was the VA rating code selection.
AF | PDBR | CY2010 | PD2010-00735
The VA exam, one month prior to separation noted residual scar symptoms of the left hand to include itching and burning. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows and that the discharge with severance pay be recharacterized to reflect permanent disability retirement, effective as of the date of her prior medical separation: Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
AF | PDBR | CY2012 | PD2012-00527
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The February 2006 VA rating decision found service connection of low back (L4-L5) DDD based on the service treatment record, and assigned a 0% disability rating, coded 5242 (degenerative arthritis of the spine). As noted above, the Army PEB found the LBP condition unfitting. In the matter of the left lower leg soft tissue injury and IAW VASRD §4.118, the Board recommends no change in the PEB adjudication.
AF | PDBR | CY2012 | PD2012-00246
Bilateral forearms showed no hypertrophic scarring and “ROM within normal limits.” The scars were measured at: left upper extremity, dorsal hand 30 square inches (sq. The definition of “superficial” delineated in code 7802 note (2) is “one not associated with underlying soft tissue damage.” The MEB examination only noted the size of the scars with few descriptive details, although the diagnosis included skin grafting of both hands and a 3% full thickness burn to the left hand. With regard...
AF | PDBR | CY2012 | PD2012 01057
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AF | PDBR | CY2013 | PD-2013-01387
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AF | PDBR | CY2013 | PD-2013-01887
The thigh condition, characterized as “chronic left thigh pain secondary to abundant callus and quadriceps adhesion” and “saphenous nerve palsy (sensory) after gunshot wound,” were the only two conditions forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.The Informal PEB adjudicated “chronic left thigh pain secondary to abundant callus and quadriceps adhesion” and “saphenous nerve palsy (sensory) after gunshot wound to left thigh” as unfitting, rated 0% and 0%, respectively,...