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NAVY | BCNR | CY2006 | 11314-06
Original file (11314-06.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 JRE
 Docket No. 11314-06
19 January 2007
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)      Dir, SECNAVCORB ltr 5220/corb:02, 15 Dec 06
(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 record be corrected to show that he was retired by reason of physical disability, vice discharged by reason of a personality disorder.
2.       The Board, consisting of Messrs. reviewed Petitioner’s allegations of error and injustice on 19 January 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.       In correspondence attached as enclosure (2), the Director, Secretary of the Navy Council of Review Board advised the Board, in effect, that at the time of Petitioner’s discharge by reason of a personality disorder, he was unfit for duty and should have been discharged by reason of physical disability, with a disability rating of 10%.







CONCLUSION:

Upon review and consideration of all the evidence of record, the Board finds that Petitioner should have been discharged by reason of physical disability on 20 November 1993. It was not persuaded that his condition met the criteria for a rating of 30% or higher, and was not eligible for disability retirement. In that regard, it substantially concurs with the opinion expressed in enclosure (2).

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 20 November 1993, he was discharged by reason of physical disability, with entitlement to severance pay, pursuant to 10 USC
1203, because of schizophrenia, paranoid type, in partial remission without use of medication, rated at 10% under code
9203.

b.       That so much of his request for correction of his record as exceeds the foregoing be 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
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.



 W. DEAN PFEIFFER
 Executive Director





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