DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07601-07
2 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj): @a_R eee
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) SECNAVCORB ltr 5220 CORB:002, 15 Oct 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 his naval record be
corrected to show that he was found fit for duty by the Physical
Evaluation Board, and retained on active duty.
2. The Board, consisting of Mses. (iia: “Rit, and @aaye
reviewed Petitioner's allegations of error and injustice on 25
September 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. Petitioner was released from active duty on 29 September
2007 and transferred to the Temporary Disability Retired List
the following day with a disability rating of 100% for Hodgkin’s
disease.
d. In correspondence attached as enclosure (2), the Director,
Secretary of the Navy Council of Review Boards, recommended in
effect, that the Board consider correcting Petitioner’s record
to show that he was found fit for duty in view of his command's
support for retention, his impairment appears to have been
limited largely to lack of deployability, and the absence of
evidence of any residual malignancy or persistent significantly
deleterious residual symptoms since approximately March 2005
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
having been found fit for duty by the Physical Evaluation Board,
he was not released from active duty on 29 September 2007 and
transferred to the Temporary Disability Retired List, and that
he has continued to serve on active duty since 29 September
2007.
b. 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.
ROBERT D. ZSALMAN pee ICIOS
ct
Recorder ing 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.
\pune
W. DEAN P
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