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NAVY | BCNR | CY2005 | 05571-05
Original file (05571-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100

 JRE
 Docket No. 05571—05
11 September 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj     FORMER STAFF SERGEANT
CORRECTION OFNAVAL RECORD

 Ref:     (a) 10 U.S.C. 1552
En cl :    (1) DD Form 149
 (2)      Subjects 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 she was discharged by reason of physical disability, vice a condition, not a disability, that interfered with her performance of duty.
         
         2        The Board consisting reviewed Petitioner s allegations of error and injustice on 8 September 2006, 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 tpf 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 evaluated by a medical board on 25 February 2005, and given diagnoses of chronic bilateral foot pain, and a ganglion cyst. The medical board report indicates that Petitioner had undergone five surgical procedures for treatment of bunions, and that she suffered from chronic foot pain which prevented her from standing for more than 30 minutes, running and jumping. In the opinion of the medical board, Petitioner was unable to “...fulf ill her duties as an active duty Marine.” On 25 April 2005, the Physical Evaluation Board
(PEB) made the preliminary finding that Petitioner was fit for duty. On 16 May 2005, Petitioner rejected that finding and requested that it be reconsidered. She submitted a statement from her treating podiatrist which is to the effect that Petitioner would “...not be productive to the Marine Corps” because of her bilateral foot condition. On 7 June 2005, Petitioner was advised by the President, PEE, that the PEE reconsidered her case on 31 May 2005, and adhered to its original findings. In addition, he advised her that the Director, Naval Council of Personnel Boards, denied her request for a formal hearing. On 19 February 2006, Petitioner was discharged by reason of a condition, not a disability, that interfered with her performance of duty. She completed 11 years and 19 days of active duty service.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s bilateral foot condition, which resulted in her discharge without entitlement to disability benefits administered by the Department of the Navy, rendered her unfit to reasonably perform the duties of her rank. 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 19 February 2006, Petitioner was discharged from the Marine Corps by reason of physical disability, with entitlement to disability severance pay, pursuant to 10 US Code 1203, due to chronic bilateral foot pain that is not combat related, and that was rated at 20% under Department of Veterans Affairs schedule for rating disabilities code
 5299—5284.
b.       That a copy of this Report of Proceedings be filed in her 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
 Recorder
5. Pursuant to t of the revised P ers (32 Code of Feder al compliance with foregoing correct (a), has been app ly Navy.
Lie delegation of authority set out in Section 6(e) pro cedures of the Board for Correction of Naval Records 1 Regulations, Section 723.6(e)) and having assured ~ts provisions, it is hereby announced that the .ive action, taken under the authority of reference roved by the Board on behalf of the Secretary of the

                                                                                 W. DEAN PFEIFFER
 Executive Director

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