DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
I
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06296-
04
3 October 2005
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
End: (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 the applicable naval record be
corrected to show that he was discharged by reason of physical
disability. He contends that he was discharged because no commanding
officer would risk accepting a former member of the crew of the USS
Cole as a member of his crew.
2. The Board, consisting of Ms. and Messrs. and
- reviewed Petitioner’s allegations of error and injustice
on 25 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
adniinistrative remedies available under existing law and regulations
within the Department of the Navy.
b. Petitioner reenlisted in the Navy on 5 May 2002 for six
years, with a total selective reenlistment bonus (SRB) entitlement of
$41,489.50. He was placed on limited duty during June 2002 because of
posttraumatic stress disorder he developed as a result of his service
on the USS Cole when it was attacked
by terrosits. On 3 March 2003, he was evaluated by a psychiatrist who
concluded that the posttraumatic stress disorder was in remission, and that
Petitioner was fit for full duty and suitable for sea duty. A letter dated
26 August 2003, from “Sea Duty/Overseas Screening” to “Command Transfer
Coordinator”, indicates that Petitioner was considered unsuitable for sea
duty because of his history of posttraumatic stress disorder and failure to
undergo recommended therapy for that condition. On 6 December 2003, the
psychiatrist confirmed his previous findings that Petitioner was fit for
duty and suitable for sea duty. Petitioner was discharged on 11 February
2004 by reason of a condition, not a disability, interfering with his
performance of duty. He completed a total of 5 years, 7 months and 14 days
active service. As result of his discharge, he became indebted to the
Government in the amount of $17,875.63, which is the unearned portion of
the aforementioned SRB.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner was unfit for duty by reason of physical
disability at the time of his discharge , due to the residual effects of
posttraumatic stress disorder. In addition, it found that had Petitioner
been discharged by reason of physical disability, rather than a condition,
not a disability, interfering with his performance of duty, he would not
have become indebted for the unearned portion of his SRB.
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 on 11
February 2004, he was discharged by reason of physical disability, pursuant
to 10 U.S. Code 1203, with a disability rating of 0% under VA code 9314,
with entitlement to disability severance pay
b. That 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 AMES R. E ICIOS
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 Secretary of the Navy.
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