DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11031-06
23 January 2008
Chairman, Board for Correction of Naval Records
From:
To: Secretary of the Navy
a
tt]
<
be{
tel
=
Subj: FORMER, a
RECORD
OF NAVA
Ref: (a) 10 U.S.C. 1552
Encl: (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 his name was not removed from
the Temporary Disability Retired List. He contends, in effect,
that his custodian did not keep the Marine Corp apprised of his
which caused him to miss his periodic physical
address,
which in turn resulted in the removal of his name
examination,
from the TDRL.
2. The Board, consisting of Messrs. (Rist, Wggipg and
wii, reviewed Petitioner's allegations of error and injustice
on 13 December 2007, 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 28 February
2001 and transferred to the TDRL with a disability rating of 60%
for a severe posttraumatic brain injury secondary to a motor
vehicle accident. On 21 March 2003, the Department of Veterans
Affairs (VA) determined that he was incompetent at that time,
and awarded him a disability rating of 100% for a traumatic
brain injury with mood, cognitive, psychotic and personality
disorder. The VA confirmed the finding of incompetency on 10
June 2006. On 16 June 2006 Petitioner was advised by the
Commandant of the Marine Corps that his name had been removed
from the TDRL and he had been discharged from the Marine Corps
effective 1 March 2006 due to his failure to report for his
final periodic physical examination.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s failure to appear for his
final periodic physical examination is attributable to his
mental incompetency, and should be excused. 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
his name was not removed from the Temporary Disability Retired
List and that he was not discharged from the Marine Corps
effective 1 March 2006.
b. That he be accorded a periodic physical examination as
soon as is practicable. Current address: sega ioe:
i.
%
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 | CAE R. XNICIOS
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.
Executive Di
NAVY | BCNR | CY2007 | 11281-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JRE Docket No. 11281-07 19 September 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORMER gail REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) HOMC memo 1741 MMSR-4, 19 Feb O8[STOP] (3) Subject's naval record 1.
NAVY | BCNR | CY2004 | 08923-04
Subject was reportedly discharged from the USMC on or about 4 July 2004, and applied for VA compensation and pension evaluation on or about 19 July 2004,but it does not appear that he sought treatment at that time. There appears to be no record of required medical attention until a tragic motor vehicle accident (MVA), which reportedly occurred on 21 August 2004 and left Subject with massive traumatic brain injury (TBI). That Subject’s naval record be corrected to show that he was not...
NAVY | BCNR | CY2010 | 07024-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that his name was not removed from the Temporary Disability Retired List and that he was not discharged from the Marine Corps. The Board, consisting of Messrs. Clemmons, Neuschafer and Silberman, reviewed Petitioner's allegations of error and injustice on 28 April 2011 and, pursuant to its...
NAVY | BCNR | CY2009 | 06262-09
06262-09 14 August 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Pon Subj: FORME ’ REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. Purguant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he was retired by reason of physical disability, vice administratively discharged. reviewed Petitioner's allegations of error...
AF | PDBR | CY2011 | PD2011-00114
Since the injury he suffered from headaches and one isolated seizure in October 2004. The Board considered at length both the TDRL rating and the final rating recommendations at separation from the TDRL. The VASRD does allow for a 10% rating for the cranial defect and the Board, by simple majority, recommends addition of this condition as unfitting, coded 5296, with a 10% TDRL rating and a 10% final rating.
NAVY | BCNR | CY2008 | 01780-08
and ie « and Mr. Willtm, ceviewed Petitioner's allegations of error and injustice on 12 March 2009 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In correspondence attached as enclosure (2), the Commandant of the Marine Corps recommends that Petitioner’s name be restored to the TDRL. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for...
AF | PDBR | CY2010 | PD2010-00946
However, the CI’s PTSD symptoms are very clearly documented by the MEB examiner. The examiner opined that, “although the veteran is exhibiting signs and symptoms of PTSD, he is also and probably more predominantly focused on his physical problems.” The examiner noted generally mild PTSD symptoms except for “significant irritability and/or sleep disturbance. Exhibit C. Department of Veterans' Affairs Treatment Record.
NAVY | BCNR | CY2007 | 10155-07
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show, in effect, that his name was not removed from the Temporary Disability Retired List (TDRL). Qa d diiliee 2nd Mr. ee, reviewed Petitioner's allegations of error and injustice on 25 January 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on...
NAVY | BCNR | CY2007 | 08443-07
The Board, consisting of Ms. and Messrs. andI reviewed Petitioner’s allegations of error and injustice on 20 March 2008 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. In correspondence attached as enclosure (2), the Commandant of the Marine Corps recommends that Petitioner’s naval record be corrected to show that his name was not removed from the TDRL, and that he was not discharged by...
NAVY | BCNR | CY2009 | 05606-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SJN Docket No: 05606-09 29 July 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy NAVAL RECORD OF Ref: (a) 10 U.S.C. (a), Petitioner, a former officer of the Marine Corps Reserve, filed enclosure (1) with this Board requesting, in effect, that her record be ~ corrected to show that she transferred to the Retired Reserve list vice being discharged on 1...