DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 03689-10
14 February 2011
From: Chairman, Board for Correction of Naval Records
To Secretary of the Navy
Subj: REVIEW OF
J
NAVAL RECORD
Ref: (a) 10 U.8.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 not discharged by reason of physical disability.
He contends that he made a timely demand for a hearing, and was
therefore entitled to a hearing before the Physical Evaluation Board
prior to being discharged.
2. The Board, consisting of Messrs. Bourgeois, J. Hicks and Ivins,
reviewed Petitioner's allegations of error and injustice on 10
February 2011 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 ina timely manner.
c. Petitioner was released from active duty on 2 September 2004
and transferred to the Temporary Disability Retired List with a
disability rating of 40% for diabetes mellitus. On 21 January 2010,
the PEB made preliminary findings that he remained unfit for duty
and that his disability was ratable at 20%. As the PEB did not
receive his election of options by 8 March 2010, it directed that
his disability evaluation be finalized. On 9 March 2010 the
President, PEB, advised the Chief of Naval Personnel of the foregoing
findings and requested that Petitioner be discharged with disability
severance pay.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
resolving doubt in Petitioner’s favor, the Board concludes that
Petitioner made a timely demand for a hearing that was’ not received
by the PEB due to no fault of his. 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
he was not discharged by reason of physical disability pursuant to
PEB Index N21000121 Notification of Decision dated 9 March 2010.
b. That Petitioner be accorded a hearing before the PEB
as soon as practicable. Current address: 1505 Electric Avenue,
Nashville, TN 37206
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. an
ES R
ROBERT D. ZSALMAN Joe 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.
NAVY | BCNR | CY2001 | 06756-99
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JRE Docket No: 6756-99 28 August 2000 From: To: Subj: Ref: Encl: Chairman, Board for Correction of Naval Records Secretary of the Navy FORMER REVIEW OF NAVAL RECORD (9 (1) (2) 10 U.S.C. The psychiatrists noted that “[t]he patient may benefit from pharmacologic intervention; however, at present, he has declined to do ’ On 30 May 1996, the Record Review Panel (RRP) of the Physical Evaluation...
NAVY | BCNR | CY2010 | 04605-10
The Board, consisting of Ms. Countryman and Messrs. Gattis and Whalen, reviewed Petitioner's allegations of error and injustice on 11 March 2011 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. d. In correspondence attached as enclosure (2), the [Commandant of the Marine Corps advised the Board, in effect, that Petitioner was not entitled to disability separation or retirement, as he...
NAVY | BCNR | CY2002 | 01151-02
REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. Although enclosure (1) was not filed in a timely manner, the Board concluded that it would be in the interest of justice to waive the statue of limitations and consider the application on the merits.. C. Petitioner was the subject of a medical board on 13 October 1999, and recommended for a period of limited duty which would permit him to complete 20 years of active duty service. CONCLUSION: Upon review and consideration of all the evidence of...
NAVY | BCNR | CY2001 | 07711-99
The hearing panel found him unfit for continued naval service, and recommended that he be separated with a 10% rating under VA code 5295. It concludes that the PEB hearing panel gave too much weight to the statement of Dr. , which reflects substantially different In view of the foregoing, the Board finds the existence of an injustice warranting corrective action; however, as Petitioner ’s condition was subject to improvement at the time of his separation from the Navy, permanent retirement...
NAVY | BCNR | CY2009 | 04464-09
The Board, consisting of Messrs. aay and Sy reviewed Petitioner's allegations of error and injustice on 5 August 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The MEBD recommended that his case be referred to the Physical Evaluation Board (PEB) for determination of his fitness for duty. That Petitioner's naval record be further corrected to show that on 27 July 2008, while he was entitled to...
NAVY | BCNR | CY2001 | 01160-99
DEPARTMENT OF THE NAV BOARD FOR CORRECTION OF NAVAL RECORDS Y 2 NAVY ANNEX WASHINGTON DC 203704100 JRE Docket No: 1160-99 21 June 2000 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. The Board, consisting of Ms. Nofziger and Messrs. Petitioner’s allegations of error and injustice on 11 May regulations, determined that the corrective action indicated below should be taken on the available evidence of record. ...
NAVY | BCNR | CY2010 | 07024-10
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 his name was not removed from the Temporary Disability Retired List and that he was not discharged from the Marine Corps. The Board, consisting of Messrs. Clemmons, Neuschafer and Silberman, reviewed Petitioner's allegations of error and injustice on 28 April 2011 and, pursuant to its...
NAVY | BCNR | CY1998 | 08271-98
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. The Board, consisting of Messrs. Milner and Molzahn and Ms. Gilbert, reviewed Petitioner's allegations of error and injustice on 8 July 1999 and, pursuant to its regulations, determined that the corrective action indicated below...
NAVY | BCNR | CY2002 | 06293-02
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-510 0 JRE Docket No: 6293-02 24 September 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: Ref: Encl: FORMER REVIEW OF NAVAL RECORD (a) 10 U.S.C. He recommended that a waiver of physical standards not be granted. The Board noted that a service member found fit for In Accordingly, he should have been In view of the foregoing, the Board finds the existence...
NAVY | BCNR | CY2002 | 06796-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 JRE Docket No: 6796-01 10 May 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy J REVIEW OF NAVAL RECORD ______. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that in view of Petitioner ’s continuous need for psychotherapy and psychotropic medication at the time of his discharge, and that his symptoms were not...