DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07798-08
27 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD 149
(2) CMC memo 1040 MMEA, 3 Oct 08
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, applied to this Board
requesting that his naval record be corrected to show that he
was entitled to separation or severance pay. He contends that
he was not permitted to réeenlist because of his medical
problems.
2. The Board, consisting of Messrs. 9qenpanigia and
ier eviewed Petitioner's allegations of error and
injustice on 9 October 2008 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. Petitioner's application to the Board was filed ina
timely manner.
c. Petitioner was discharged from the Marine Corps on 5 July
2008, by reason of completion of required service. He was not
permitted to reenlist at that time because he exceeded the
Marine Corps height and weight standards; however, he was
considered fit for duty at that time.
d. In correspondence attached as enclosure (2), officials of
Headquarters Marine Corps advised the Board, in effect, that
Petitioner was eligible for half separation pay, and recommended
that his record be corrected accordingly.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that the partial corrective action recommended
in paragraph 3d above is warranted. The Board was not persuaded
that he met the criteria for full separation pay, or that he was
unfit for duty by reason of physical disability or entitled to
disability severance pay.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
when discharged on 5 July 2008, he was authorized one-half
separation pay.
b. That so much of Petitioner’s request for correction of his
record as exceeds the foregoing be denied.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. 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
Recorder
a ES R. EXNICIOS
“BReting Recorder
5. Pursuant to the delegation of authority set out in Section 5e
of the Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.), and having
ensured compliance with its provisions, it is hereby announced
that the foregoing corrective action, taken under the provisions
of reference (a), has been approved by the Board on behalf of
the Secretary of the Navy.
W. DEAN PFEIF
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