DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 06262-09
14 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Pon
Subj: FORME ’
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) Subject's naval record
1. Purguant 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 retired by reason of physical
disability, vice administratively discharged.
2. The Board, consisting of Messrs. pm, i and
ae. reviewed Petitioner's allegations of error and
injustice on 6 August 2009 and, pursuant to its reguiations,
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. Petitioner served in the Navy from 14 August 1994 to 10
December 1998, when he was released from active duty and
transferred to the Temporary Disability Retired List (TDRL) due
to major depression with psychotic features that was rated at
30% disabling. The Department of Veterans Affairs {VA) vated his
condition at 70% effective 11 December 1998, and increased the
rating to 100% effective 4 March 2002. On 20 September 2005,
the President, Physical Evaluation Board (PEB) directed that
Petitioner's name be administratively removed from the TDRL
without entitlement to disability benefits provided by title 10, |
U.S. Code, chapter 61, and that he be discharged due to his
failure to undergo a final periodic physical examination. On 19
.July 2007, the VA determined that Petitioner was incompetent to
manage disbursement of funds. .
CONCLUSION:
Upon review and consideration of all the evidence of record, and
resolving doubt in Petitioner’s favor, the Board concludes that
his failure to undergo a final periodic physical examination was
most likely due to the severity of his mental disorder, and
accordingly, that it would be in the interest of justice to
restore his name to the TDRL.
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 from the naval service
b. That Petitioner be accorded a periodic physical examination
as soon as practicable. Current address: gp
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.
ROBERT D. ZSALMAN ES 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.
Dees
W. DEAN PFEIF
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