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NAVY | BCNR | CY2004 | 05700-04
Original file (05700-04.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASI-IINGTON DC 20370-5100


JRE
                                                                                          Docket No. 05700-04
                                                                                          22 August 2005
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149
 (2)      HQMC ltr 1741 MMSR—4, 28 Jun 05
(3)      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 the applicable naval records be corrected to show that he was accorded the benefits of extraordinary heroism when he transferred to the Fleet Marine Corps Reserve on 1 August 2003, and that he was retired by reason of physical disability because of unspecified combat injuries.
2.       The Board, consisting of Mses. A nd , Mr. and Mr. reviewed Petitioner’s allegations of error and injustice onl8 August 2005, 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.       Petitioner was released from active duty on 31 July 2003 and transferred to the Fleet Marine Corps Reserve the following day, having completed over 21 years of service, On 21 May 2004,
 the Department of Veterans Affairs awarded him 10% ratings for conditions of his left shoulder, left elbow, cervical spine, lumbar spine, right knee, and left knee, and migraine headaches; and 0% ratings for four other conditions.


In correspondence attached as enclosure (2), the Head, Separation and Retirement Branch, Headquarters, U.S. Marine Corps, advised the Board, in effect, that on 27 May 2005, the Secretary of the Navy approved the recommendation of the Navy Department Board of Decorations and Medals that Petitioner be accorded the benefits of extraordinary heroism. The author of enclosure (2) recommended that Petitioner’s record be corrected accordingly. In addition, he recommended that Petitioner’s request for correction of his record to show that he retired by reason of physical disability be denied, as any condition he may have as a result of his service is now a matter under the cognizance of the VA.
Upon review and consideration of all the evidence of record, the Board was not persuaded that Petitioner was unfit for duty at the time of his transfer to the Fleet Marine Corps Reserve. It noted that although he has received disability ratings from the VA for multiple conditions, none is rated above 10%, or productive of more than minimal impairment of his social or industrial capacity. It appears that he performed his duties in an outstanding manner throughout his career. There is no indication in the available records that he was incapable of reasonably performing the duties of his office, grade rank or rating at the time of retirement, or that he sustained injuries in combat. Accordingly, there is no basis for granting his request for disability retirement.
With regard to his request for the benefits of extraordinary heroism, the Board substantially concurs with the recommendation contained in enclosure (2)
In view of the foregoing, the Board recommends the following corrective action.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that prior to his transfer to the Fleet Reserve on 1 August 2003, the Secretary of the Navy credited him with extraordinary heroism for his actions of 15 July 1992, for which he received the Navy
 and Marine Corps Medal, and that he is therefore entitled to the increase in retainer pay authorized by 10 USC 6330.
b.       That so much of Petitioner’s request for correction of his record as exceeds the foregoing be, and hereby is, denied.
c.       That a copy of this Report of Proceedings be filed in Petitioner’s naval record.





4. 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        JAMES EXI CIOS
Recorder         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






W.       DEAN PFEIFFER
Executive Director
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