DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS pm
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No. 01780-08
. 19 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER iii iii One.
REVIEW OF NAVAL RECORD ee
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) CMC ltr 1741 MMSR-4, 4 Mar 09
(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 his name was not removed from the
Temporary Disability Retired List (TDRL).
2. The Board, consisting of Mses. rin. and ie « and Mr.
Willtm, ceviewed Petitioner's allegations of error and injustice
on 12 March 2009 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
Commandant of the Marine Corps recommends that Petitioner’s name
be restored to the TDRL.
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 on 1 July 2007 and that he was not discharged from the
Marine Corps.
b. That Petitioner be afforded a periodic physical
examination as soon as practicable. Current address: 715 Old
Mill Road, Apt G-1, Wyomissing PA 19610
c. 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 ES le Kace
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.
\o
W. DEAN PF
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