DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 02169-08
2 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy ,
Subj:
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) SNCORB ltr 5220 CORB:002, 12 Feb 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 he was retired by reason of physical
disability vice discharged.
2. The Board, consisting of Messrs. , thie, 208
My © eviewed Petitioner's allegations of error and injustice
on 19 March 2009 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. In correspondence attached as enclosure (2), the Director,
Secretary of the Navy Council of Revica. Boards advised the
Board, in effect, that Petitioner’s condition of detrusor
hyperreflexia should have busn rated at 40%, rather than 20%.
In the Director’s opinion, none of Petitioner's other conditions
rendered him unfit by veason of physica! disability. He
recommends that Petitioner's record be corrected to show that he
was transferred to the TDRL, vice discharged with entitlement to
severance pay.
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 on 31 August 2007.
b. That Petitioner's naval record be further corrected to
show that on 1 September 2007, he was transferred to the
Temporary Disability Retired List in accordance with the
provisions of 10 US Code 1202, with a disability rating of 40%
under Department of Veterans Affairs code 7599-7542 for detrusor
hyperreflexia.
c. That Petitioner be afforded a periodic physical
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