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NAVY | BCNR | CY2007 | 00356-07
Original file (00356-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 JRE
Docket No. 00356-07
19 May 2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149
 (2)      SECNAVCORB ltr 5220 CORB:002, 31 Mar 08
(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.
2.       The Board, consisting of Messrs. reviewed Petitioner’s allegations of error and injustice on 15 Nay 2008, 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 the request has merit and warrants favorable action.





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 Navy on 28 February 2006, and further corrected to show that he was transferred to the Temporary Disability Retired List effective 1 March 2006 with a disability rating of 40% under Department of Veterans Affairs code 5262 for nonunion of tibia/fibula fracture, left.

b.       That he be accorded a periodic physical examination as
 soon as practicable. Current address:

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
ROBERT D. ZSALMAN
Recorder
 JAMES R. EXNICIOS
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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