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NAVY | BCNR | CY2007 | 08443-07
Original file (08443-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON D.C 20370-5100



 JRE
 Docket No. 08483-07
25 March 2008

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 ltr 1741 IvJMSR-4, 12 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 his naval record be corrected to show that he was permanently retired by reason of physical disability.
2.       The Board, consisting of Ms. and Messrs. and I reviewed Petitioner’s allegations of error and injustice on 20 March 2008 and, pursuant to its regulations, determined that the partial 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.       Although the application was not timely filed, the Board finds it to be in the interest of justice to waive the statute of limitations and consider the application on the merits.





d.       In correspondence attached as enclosure (2), the Commandant of the Marine Corps recommends that Petitioner’s naval record be corrected to show that his name was not removed from the TDRL, and that he was not discharged by reason of physical disability.
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 his name was not removed from the Temporary Disability Retired List, and that he was not discharged by reason of physical disability.
b.       That Petitioner be afforded a periodic physical examination as soon as practicable.
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. Z SALMAN
 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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