DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07139-07
21 November 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy :
Subj: He Penn) nen
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) CMC memo 1741 MMSR-4, 12 Nov 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 his naval record be
corrected to show that he was retired by reason of physical
disability.
2. The Board, consisting of Messrs. W. Hicks, Ivins and
Swarens, reviewed Petitioner's allegations of error and
injustice on 20 November 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. Enclosure (1) was filed in a timely manner.
c. In correspondence attached as enclosure (2), the office
having cognizance over the subject-matter of this application
recommends that Petitioner’s name be restored to the Temporary
Disability Retired List and that he be afforded another
opportunity to appear for a physical examination, but without
restoration of his entitlement to retired pay or benefits.
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 Marine Corps.
b. That his record be further corrected to show that his name
has been retained on the Temporary Disability Retired List since
1 July 2005, without entitlement to retirement benefits or
retired pay on or after that date.
c. That Petitioner be afforded a periodic physical examination
as soon as practicable. ee
se ascot
d. That so much of Petitioner’s request for corrective action
as exceeds the foregoing be denied.
e. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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. ZR
ROBERT D. ZSALMAN ES R. EXNICIOS
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.
LoSaoak
W. DEAN PFETFRER
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