DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL, RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 04398-09
17 August 2009
Brom: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy -
“Ref: fa) 10 U.S.C. 1552
Encl: (1) DD Form 149 |
(2) CO, NHC NE, LTR 6000 Ser: 16G/02149, 19 May 09
, (3) Subject's naval record os
2. 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 was retained on active duty for
medical evaluation and treatment of a heart condition.
”
2. The Board, consisting of Messrs. w ie. wae ,
amas: ‘reviewed Petitioner's allegations of error and
injustice on 13 August 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. Enclosure (1) was filed in a timely manner.
c. In correspondence attached as enclosure (2}, the
Commanding Officer, Naval Health Clinic, New England, advised
the Boad in effect that Petitioner was erroneously found fit and
released from active duty on 30 march 2009. After he was
released from active duty he became aware of medical test
results that revealed a medical condition warranting further
treatment and review by the Physical Evaluation Board
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was not released from active duty 30 March 2009, and that he
was retained on active duty for the purpose of undergoing
necessary medical evaluation and treatment of a heart condition,
and referral to the Physical Evaluation Board if indicated.
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.
Yee LL
ROBERT D. ASALMAN AMES R. EXNICIOS
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.
Pow
W. DEAN PFE
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