DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5180
Docket No. 06536~08
16 June 2003
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER.§
es
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: {1} DD Form 149
{2) 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 or that he be permitted to reenlist.
2. The Board, consisting of Messrs. ee: 3 in
PTT. ev cewed Petitioner's allegations of error and
injustice on 11 June 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.
qand
3. The Board, having xyeviewed all the facts of record
pertaining to Petitioner's allegations of error and anjustice
finds as follows:
a. Before applying to this Board, Petitioner exhausted ail
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 initially enlisted in the Navy on 13 August
1993. He was released from active duty on 11 February 2003 and
transferred to the Temporary Disability Retired List (TDRL) with
a disability rating of 30% under Department of Veterans Affairs
(VA) code 9434 for major depressive disorder and related
dysthymic disorder. The Physical Evaluation Board reevaluated
Petitioner's case on 24 November 2006 and found him fit for
duty. He initially rejected that finding and requested a formal
hearing, but later accepted the finding of fitness. On 1
November 2006, the President, PEB, announced that Petitioner had
been found fit for duty, and advised the Chief of Naval
Personnel that with Petitioner’s consent, and if he was
otherwise qualified, “he shall be reappointed or re-enlisted”.
Petitioner applied for reenlistment, but was unable to reenlist
after a medical advisor to the Navy Recruiting Command (NRC)
concluded that further enlistment processing was not warranted
because of his history of major depression and dysthymia. He was
discharged effective 8 January 2007.
d. Effective 12 February 2003, the VA awarded Petitioner a
disability rating of 50% for major depression with dysthymia,
and separate 10% ratings for epicondylitis and ulnar nerve
entrapment syndrome, left arm.
ad. The Manual of the Medical Department, section 15-29
provides, in effect, that once an individual has been found fit
for duty by the PEB, the previously unfitting condition{s) and
any other conditions that existed prior to his transfer to the
TDRL which have not changed materially, will not be considered
disqualifying.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
particularly in view of the fact that Petitioner was found not
qualified for enlistment due to the depressive disorders that
were reviewed by the PEB and not considered to be unfitting, an
injustice has occurred that warrants 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 from the Navy on 8 January
2007. .
ec. That Petitioner be afforded a periodic physical examination
as goon as practicable. Current address: 2744 Ann Drive,
CLARKSVILLE TN 37040
=
d. 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 ° Jy (- NICIOS
(Ke
Recorder ting 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.
Ld °
W. DEAN PFELVF
Executive D c
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