DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05645-10
19 April 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub): ere
REVIEW OF NAVAL RECORD
Ref: (@) 10 U.Ss€, 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 her naval record be corrected to
show that she was not discharged by reason of physical disability
that existed prior to her enlistment. She contends that she was found
fit for enlistment.
2. The Board, consisting of Messrs. Grover, Lacroix and Midboe,
reviewed Petitioner's allegations of error and injustice on 24 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. Although the application was not timely filed, the Board finds
it tobe in the interest of justice to waive the statute of limitations
and consider the application on the merits.
c. Petitioner enlisted in the Marine Corps on 26 January 1977.
On 15 March 1978 a medical board gave her a diagnosis of “Hysterical
Personality #3015”, and recommended that she be discharged by reason
of unsuitability for service. She was discharged under honorable
conditions on 14 April 1978. Item 9c of her DD Form 214, Authority
and Reason contains separation code “JFN1", which corresponds to
physical disability that existed prior to enlistment, rather than
unsuitability.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner should have been discharged by reason of
unsuitability vice physical disability which existed prior to her
enlistment; however, she has failed to demonstrate that she was unfit
for duty by reason of physical disability that was incurred in or
aggravated by her naval service.
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
on 14 April 1978, she was discharged by reason of unsuitability for
service in accordance with the approved findings and recommendation
of a medical board.
b. That no further relief be granted.
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. £z
AMES R. AXNICIOS
fActing Recorder
ROBERT D. ZSALMAN
Recorder
5S. 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.
Wea E FE
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