DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRE
Docket No. 02576-10
5 April 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER Qagaeeiipiaaeet
NAVAL RECORD
REVIEW OF
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 his naval record be
corrected to show that he was separated or retired by reason of
physical disability.
2. The Board, consisting of consisting of Messrs. i.
EE: 306 ee reviewed Petitioner's allegations of
error and injustice on 25 March 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 ail
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Enclosure (1) was filed ina timely manner.
c. Petitioner served on active duty in the Navy fro 13 April
2004 to 23 March 2007, when he was discharged for the
convenience of the government due to cardiogenic syncope, a
condition, not a disability, which interfered with his
performance of duty. On 17 December 2007 the Department of
Veterans Affairs (VA) awarded him a disability rating of 10% for
vasovagal syncope (fainting).
CONCLUSION:
Upon review and consideration of ali the evidence of record, and
resolving reasonable doubt in his favor, the Board concludes
that Petitioner was unfit for duty by reason of physical
disability due to his recurrent episodes syncope. Accordingly,
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
on 23 March 2007 he was discharged by reason of physical
disability pursuant to 10 U.S. Code 1203, with entitlement to
severance pay, due to recurrent syncope, a condition that was
not the result of a combat-related injury, with a disability
rating of 10 percent under VA code 7009-7007.
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.
ROBERT D. ZSALMAN . BXNICIOS
Recorder i euing 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.
WO Yoess
W. DEAN PFEIWEE
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