DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 TIR
Docket No: 2662-10
9 November 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW_NAVAL RECORD | Oe”
usc,
Ref: (a) 10 U.S.C. 1552
(b) Marine Corps Separation and Retirement Manual
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former member of the Marine Corps, filed enclosure (1) with this
Board requesting that the narrative reason for separation that is
reflected on his Certificate of Release or Discharge from Active
Duty (DD Form 214), specifically, “Temporarily Retired” be
changed.
2. The Board, consisting of Mr. pa ee and Mr.
a reviewed Petitioner's allegations of error and
injustice on 9 November 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. Petitioner enlisted in the Marine Corps on 23 September
2005 under the Delayed Entry Program at age 17, and on 1 August
2006, he began a period of active duty. He served without
disciplinary incident and was advanced in rank to lance corporal
(LCPL/E-3) .
d. On 24 July 2009, Petitioner was informed that because of
his diagnosed physical disability, effective 30 September 2009,
he would be transferred to the Temporary Disability Retired List
(TDRL). He was also informed that as a result of this action, he
was entitled to benefits administered by the Department of
Veterans Affairs.
e. On 29 September 2009, Weertiener was*howorably di®charged
by reason ofeprsabi ty ,- Temporary” as directed by reference
(b). However, he was issued a DD Form 214 that erroneously
reflected his narrative reason for separation as “Temporarily
Retired.”
f. In Petitioner's application he asserts that the erroneous
narrative reason for separation is a bar to veterans’ benefits
and as such he is ineligible to obtain them in accordance with
his transfer to the TDRL. Ina communication with a veterans’
service officer in Orange County, Anaheim, California, who
confirmed Petitioner’s assertion, it was stated that the
narrative reason for separation must be changed and/or corrected
to make him eligible for benefits.
CONCLUSION:
Upon review and consideration of sela&rhevevidgmee of récord, the
Speetdesthcludes that Petitioner's request warrants favorable
action.
The Board’s decision is based on Petitioner’s overall record of
satisfactory service and his discharge by reason of being placed
on the TDRL due to a physical disability. The Board notes that
he was issued a DD Form 214 with erroneous information, and that
this error is a deterrent to his obtaining veterans’ benefits.
As such, the Board concludes that his narrative reason for
separation should be changed to reflect the narrative reason for
separation authorized by reference (b).
Based on the foregoing, and considering Petitioner’s desire to
receive veterans’ benefits, the Board concludes that no useful
purpose is served by continuing to label his separation as
“Temporarily Retired”, and as such his narrative reason for
separation should be changed to appropriately reflect
“Disability, Temporary.” In view of the foregoing, 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 honorably discharged on 29 September 2009 by reason of
“Disability, Temporary”; and that he be re-issued a DD Form 214
which reflects this vice “Temporarily Retired.”
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 10 March 2010.
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. Z2SALMAN BRIAN J.“ GEORGE
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 Regulation, 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.
Executive
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