DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06551-08
2 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: ciate
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) SECNAVCORB 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.
>. The Board, consisting of Messrs. \. >, wean and
d
ee. reviewed Petitioner's allegations of error an
injustice on 26 February 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. Enclosure (1) was filed in a timely manner.
c. In correspondence attached as enclosure (2), the Director,
Secretary of the Navy Council of Review Boards recommends that
Petitioner's record be corrected to show that he was transferred
to the Temporary Disability Retired List, 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 wags not discharged by reason of physical disability on 15
August 2008.
b. That Petitioner's naval record be further corrected to
show that on 14 August 2008, while he was entitled to receive
basic pay, the Secretary of the Navy found him unfit to perform
the duties of his rank by reason of physical disability due to
posttraumatic stress disorder, which was incurred while
Petitioner was entitled to receive basic pay; that the
disability is not due to intentional misconduct or willful
neglect, and was not jncurred during a period of unauthorized
absence; that the disability is considered to be ratable at 50%
in accordance with the Standard Schedule for Rating Disabilities
in use by the Department of Veterans Affairs at the time the
Secretary found Petitioner unfit, code number 9411; and that
accepted medical principles indicate the disability may be of a
permanent nature, the Secretary placed his name on the Temporary
Disability Retired List effective 15 August 2008 pursuant to 10
U.S. Code 1202.
c. That Petitioner be afforded a periodic physical
examination as soon as practicable. Current address: 593
Holland Road Extension, Baxley, GA 31513
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. Boe
ROBERT D. ZSALMAN ES EXNICIOS
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.
\s | |
W. AN PFE
NAVY | BCNR | CY2009 | 02903-09
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. The Board, consisting of Messrs. W. ee, allan 20.3. as reviewed Petitioner's allegations of error and ‘injustice on 13 August 2009 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of...
NAVY | BCNR | CY2009 | 04464-09
The Board, consisting of Messrs. aay and Sy reviewed Petitioner's allegations of error and injustice on 5 August 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The MEBD recommended that his case be referred to the Physical Evaluation Board (PEB) for determination of his fitness for duty. That Petitioner's naval record be further corrected to show that on 27 July 2008, while he was entitled to...
NAVY | BCNR | CY2008 | 07633-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure {1) with this Board requesting, as amended, that his naval record be- corrected to show that he wag retired by pursuant to the Temporary Early Retirement Authority vice discharged by reason of physical disability. He was advised by the President, PEB, on 6 January 1995, in effect, that he was being placed on the Temporary Disability Retired List (TDRL) with a rating below 30%, he...
NAVY | BCNR | CY2008 | 07552-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX JRE WASHINGTON DC 20370-5100 Docket No. 07552-08 27 May 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj:
NAVY | BCNR | CY2008 | 02169-08
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. 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...
NAVY | BCNR | CY2009 | 04557-09
04557-0985 19 October 2009 -From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORMER qian " REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. 2, The Board, consisting of Messrs. élite 2B... an daa reviewed Petitioner’s contentions of error and injustice on 16 October 2009 and, pursuant to its regulations, determined that the action indicated below should be taken on the available evidence of record. That Petitioner’s naval record be corrected to show that he was...
NAVY | BCNR | CY2007 | 07139-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS . 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. The Board, consisting of Messrs. W. Hicks, Ivins and Swarens, reviewed Petitioner's allegations of error and injustice on 20 November 2008 and, pursuant to its...
NAVY | BCNR | CY2009 | 00177-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-51900 JRE Docket No. 00177-0939 8 September 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORMER MA1, USN,
NAVY | BCNR | CY2002 | 01757-02
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 pursuant to the Temporary Early Retirement Authority (TERA). The Board, consisting of Ms. Moidel and Messrs. Bishop and Geisler reviewed Petitioner’s allegations of error and injustice on 19 September 2002 and, pursuant to its regulations,...
NAVY | BCNR | CY2008 | 11259-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX JRE WASHINGTON DC 20370-5100 Docket No. 11259-08 27 May 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub}: FORMER seo REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) SECNAVCORB ltr 5220 CORB:002, 5 May 09 (3) Subject's naval record 1.