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NAVY | BCNR | CY2005 | 05881-05
Original file (05881-05.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 JRE
          Docket No. 0588l-05
          23 October 2006

 F r om:   Chairman, Board for Correction of Naval Records
T o:     Secretary of the Navy
         
         S u bj: FORMER   
                  REVIEW OF NAVAL RECORD
         
         Ref:     (a) 10 U.S.C. 1552

E ncl:    (1) DD Fe m 149
(2 ) ECNMICOFB ltr 5220 CORB: 002 5 Oct 05
(3) Su b ject ’ s naval record

1 .       Pursuant. o the provisions of referenc e (a), S u bject, hereinafter r e ferred to as Petitioner, filed enclosure (1) with this Board r questing, in effect, that the applicable naval record be corrected t show that he was discharged by reason of physical disability vice f a ilure to adapt.
2.       The Board, consisting of Messrs and re viewed Petitioner ’ s alle g ations of error and i nj ustice on l 9 Octo ber 2006, and pursuant to its regula t ion dete r mined that the Corrective a ct ion indicated below should he taken on the available evidence of r e cord. Document a ry material considered by the Board consis t ed o f the e n closures, naval records, and applicable statutes, regulations and p o licies .
3.       The Board, having reviewed all the facts of record pertaining to P et itioner’s allegations of error and injustice, finds as follows:
a.       Before applying to this Board, Petitioner exhausted all a dm inistrative remedies available under existing law and regulations wi t hin the Department of the Navy.
b.       In correspondence attached as enclosure (2), the office having co g nizance over the subject matter addressed in Petitioner’s ap p lication commented to the effect that the request has merit and wa rants favorable action.











C O NCLUSION:
U on review and consideration of all the evidence of record, and e s pecially in light of the contents of enclosure (2), the Board finds t h e existence of an injustice warranting the following corrective
a c tion.
R E CO MM ENDATION:
a.       That Petitioner’s naval record be corrected to show that he w a s discharged by reason of physical disability on 15 May 2002, pursuant t 10 U.S. Code 1203, due to acute viral pneumonia with bilateral p u lmonary effusions and bronchitis, with a disability r ating of 10% u n der Department of Veteran Affairs Schedule fo r R a ting D i s a bilit i es c od e 6699-6604.
b.       That copy of this Report of P r oceedings he filed in his naval r ec ord..
4.       It is certified that a quorum was present at the Board’s review a deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.
         
RO ERT D. ZSALMAN        JAMES R. E XNICIOS
 Recorder         Acting Recorde r


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.
2

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