DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04605-10
22 March 2011
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
NAVAL RECORD
Ref: (a) 10 0.6.@. TS52
Encl: (1) DD Form 149
(2) CMC memo 1741 MMSR-4, 26 Mar 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 retired by reason of physical disability by reason
of physical disability.
2. 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. 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. Petitioner enlisted the Marine Corps on 23 July 1997. He was
found fit for duty by the Physical Evaluation Board (PEB) on 1
February 2006, and he accepted that finding on 10 February 2006. He
was discharged on 9 August 2006 by reason of completion of required
service. He was assigned a reentry code of RE-3P, to indicate that
he requires a waiver of physical disqualification in order to be
eligible to reenlist.
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 was
found fit for duty by the PEB and accepted that finding. He noted,
however, that Petitioner was denied reenlistment because of a medical
condition that precluded his performance of a physical fitness test
and being worldwide deployable. He recommended that Petitioner's
record be corrected to show that he was discharged by reason of a
condition which interfered with his performance of duty, and that
he was assigned a separation code GFV1.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
was not persuaded that Petitioner was unfit for duty by reason of
physical disability. It concludes further, in light of the contents
of enclosure (2), that an injustice exists which warrants the
following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was involuntarily discharged on 9 August 2006 for the convenience
of the government due to a condition which interfered with his
performance of duty, and was assigned separation code GFV1.
b. That so much of Petitioner's request for correction of his
naval record as exceeds the foregoing be denied
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 f
Recorder J Acting Récorder
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 cf reference
(a), has been approved by the Board on behalf of the Secretary of
the Navy.
\y Disa)
W. DEAN R
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