DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 9007-08
19 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
FORMER “Aggie aia
Ref: (a) 10 U.S.C. 1552
Enel: (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner,
mother of deceased former service member, hereinafter referred
to as Subject, filed enclosure (1) with this Board requesting,
in effect, that her son’s naval record be corrected to show that
he was separated from the Marine Corps with “a compensable
disability”.
2. The Board, consisting of Mses. SRS ONS 2° Mr.
wii xeviewed Petitioner's allegations of erroYr”and injustice
on 12 March 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. Subject served on active duty in the Marine Corps from 6
February 1990 to 25 August 1991, when he was discharged by
reason of physical disability due to a hearing loss in his right
ear that was rated at 10% disabling. He received disability
severance pay in the amount of $3,512.40 Due to administrative
error, the DD Form 214 he was issued on 25 August 1991 indicates
that he was discharged by reason of physical disebility that
existed prior to entry. On 17 August 1992, the Department of
Veterans Affairs (VA) awarded Subject disability ratings of 10%
for tinnitus and 0% for hearing loss, left ear. On 30 April
2008, Petitioner was advised by a VA cemetery official, in
effect, that Subject was not eligible for a Government monument
because he did not complete twenty-four months of service and
was not discharged due to a personal hardship, under an early
out program, or because of a. compensable service connected
disability.
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board concluded that Petitioner failed to submit sufficient
relevant evidence to demonstrate that Subject’s disability was
ratable at 30% or higher on 25 August 1991, which would have
entitled him to be retired by reason of physical disability,
vice discharged; however, his DD Form 214 is erroneous in that
it shows that he was discharged by reason of physical disability
that existed prior to his entry in the naval service.
RECOMMENDATION:
a. That Subject’s naval record be corrected to show that
he was discharged by reason of physical disability on 25 August
1991, with entitlement to disability severance pay, vice by
reason of disability that existed prior to his entry in the
naval service as now shown in his DD Form 214.
b. That so much of Petitioner's request for correction of
Subject’s naval record as exceeds the foregoing be denied.
c. That a copy of this Report of Proceedings be filed in
Subject’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. 7
f, yu, E
KS EXNICIOS
/ Acting Recorder
ROBERT D. ZSALMAN
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.
Lo Dyan
W. DEAN PFEI
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