DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JRE
Docket No, 02659-09
15 December 2009
From: Chairman, Board for Correction of Naval Records
To; eecretary of the Navy
Subj: FORMER qe
REVIEW OF NAVAL RECORD
Ref; (a) 10 U.S.c. 1552 :
Encl: (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 her naval record be
corrected to show that she was honorably discharged by reason of
physical disability vice discharged under honorable conditions
by reason of a condition not a disability.
2. The Board, consisting of Messrs. Qe. ie and
reviewed Petitioner's allegations of error and injustice on 10
December 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. Enclosure (i) was filed ina timely manner.
b. Petitioner enlisted in the Navy on 7 July 2005. She
received nonjudicial punishment on 19 October 2007 for
insubordinate conduct toward a warrant officer and-loss, damage,
destruction or wrongful disposition of government property. The
punishment consisted of a written reprimand and a suspended
forfeiture of pay. She received an Evaluation Report and
Counseling Record (EF1-E6) on 25 April 2007, and achieved an
individual trait average of 3.33. She was promoted to AS3,
1
|
it
effective 16 June 2008. She received an Evaluation Report and
Counseling Record (E1-E6) for the period 26 April 2007-20 June
2008 in which she was recommended for retention and achieved an
individual trait average of 3.00. She was discharged under
honorable conditions on 20 June 2008 by reason of a condition
not a disability.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner failed to submit sufficient
relevant evidence to demonstrate that she was unfit for further
service by reason of physical disability at the time of her
discharge. . It concludes further that she performed her duties
in a highly creditable manner throughout the majority of her
enlistment, and that her overall record of service warrants a
fully honorable characterization of service.
In view of the foregoing, the Board recommends the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was separated from the Navy on 20 June 2008 with an
honorable discharge, vice a discharge under honorable
conditions.
b. That no further relief be granted.
c.. 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.
Lz
ROBERT D. ZSALMAN ES R. AX
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.
Wank
W. DEAN PF
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