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NAVY | BCNR | CY2007 | 00226-07
Original file (00226-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



JRE
Docket No. 00226-07
28 June 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)      HQMC memo 1600 CMT, 13 Jun 07
(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 discharged by reason of physical disability.

2.       The Board, consisting of and reviewed Petitioner’s allegations of error and injustice on 21 June 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 office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that Petitioner should be reinstated in the Individual Ready Reserve and that a line of duty benefits request be submitted in his behalf.




CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), 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 he was not discharged from the Individual Ready Reserve on 9 June
2006.

b.       That a line of duty benefits request be submitted via the Marine Corps Medical Entitlements Data System immediately upon implementation of the corrective action recommended above.

c.       That a copy of this Report of Proceedings be filed 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

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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