DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1804-09
9 July 2010
From: Chairman, Board for Correction of Naval Records
Te : Secretary of the Navy
(Deceased),
Ref: (ay Title 160 0.8.c. 1552
Brel : (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, the
brother of Subject, a deceased former service member filed
enclosure (1) with this Board requesting, in effect, that his
brother's naval record be corrected to show a more favorable type
of discharge than the general discharge issued on 22 September
L967,
2. The Board, consisting of Ms. : ee a
Mr . aaa sewed Petitioner's allegations or error
injustice on 19 May 2010 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, his 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 enlisted in the Marine Corps on 20 December
1966. On 6 December 1967 he was diagnosed with a schizoid
personality disorder. He had been referred for psychological
evaluation because of his repeated complaints of lower abdominal
pain, which was thought to be psychosomatic in origin. On 22
September 1967 he received a general discharge by reason of
physical disability.
c. On 27 September 1967, after his discharge, Subject went
to a hospital where he was found to have a testicular tumor. On
4 December 1967 the Bureau of Medicine recommended his transfer
to the Temporary Disability Retired List (TDRL). The Bureau of
Naval Personnel concurred and placed him on the TDRL as of 23
September 1967. He died on 21 January 1968.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board believes that Subject’s
conduct and performance were adversely affected by his
undiagnosed terminal illness, and that it would be in the
interest of justice to upgrade his discharge.
RECOMMENDATION :
a. That Subject’s naval record be corrected to show that he was
released from active duty by reason of physical disability on 22
September 1967 with an honorable characterization of service.
b. That a copy of this Report of Proceedings be filed in his
naval record.
4, Pursuant to Section 6© 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 AMES * EXNICIOS
Recorder fActing 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.
W. DEAN PF
Executive Drettor
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