DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11803-09
18 November 2010
From: Chairman, Board for Correction of Naval Records
TO": Secretary of the Navy
REVIEW NAVAL RECORD
Ref: (a) 10 U.wS.c. 1552
Encl: (1) DD Form 149
(2) CMC memo 1800 MMSR-4, 13 Aug 10
(3) 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 his naval record be corrected to
show that he was permanently retired by reason of physical
disability.
2. The Board, consisting of Messrs. eee GE -.:
reviewed Petitioner's allegations of error and injustice on 28
October 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, 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 Commandant
of the Marine Corps recommended that that Petitioner's naval record
be corrected to show, in effect, that his name was not removed from
the Temporary Disability Retired List, and that he was not discharged
from the Marine Corps.
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 Petit igner' 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 Marine Corps.
b. That Petitioner be accorded a period physical examination as
soon as practicable.
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 Eases in the above entitled
matter.
Nye lZ /
ROBERT D. ZSALMAN Bees
Recorder jActing 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.
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