DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08264-08
2 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj}: FORMER ' nina peu. REVIEW
OF NAVAL RECORD —
Ref: (a) 10 U.S.C. 1552
Fnel: (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 wag retired by reason of physical
disability.
2. The Board, consisting of Messrs. ; i.
a reviewed Petitioner's allegations of error and
injustice on 20 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. Petitioner was released from active duty on 24 July 2001
and transferred to the Temporary Disability Retired List (TDRL)
with a disability rating of 100%. Effective 25 July 2001, the
Department of Veterans Affairs (VA) awarded him a combined
disability rating of 100% for the loss of use of his lower
extremities (190%), paresis of his right upper extremity (60%),
neurogenic bladder (60%), neurogenic powel, (60%), paresis of his
left upper extremity (50%), and respiratory distress syndrome
with recurrent pneumothorax (10%). As he did not report for his
final periodic physical examination, his name was removed from
the TDRL and he was discharged from the Navy on 15 June 2007.
c. Petitioner contends that due to the severity of his
condition, he was unable to report for the required physical
examination.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the severe nature of Petitioner's
disabilities, the Board concludes that it would be in the
interest of justice to excuse his failure to report for a
periodic medical examination, and to restore his name to the
TDRL. Accordingly, it 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 and that he was not discharged on 15 June 2007.
b. 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 S k. EXNICIOS
Recorder cting Recorder
to
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.
lo Que),
W. DEAN PFEI
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