DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 294-11
26 October 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Al, RECORD
Ref: (a) 10 U.S.C. 1552
Enel: (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner,
mother of the deceased former Marine, hereinafter referred to as
Subject, filed enclosure (1) with this Board requesting, in
effect, that her son’s naval record be corrected to show that he
was retired by reason of physical disability vice discharged by
reason of misconduct.
2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed Petitioner's allegations of error and
injustice on 18 March 2010 and, pursuant to its regulations,
determined that the limited 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 folilows:
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. Subject underwent a pre-separation physical examination on
18 April 2006. Although he was suffering from an adjustment
disorder, knee pain, ankle pain and back pain at that time, he
was found qualified for separation. He was discharged by reason
of misconduct/drug abuse on 20 April 2006, with a general
discharge.
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner has failed to demonstrate that
Subject was erroneously discharged by reason of misconduct, or
that he was unfit for duty by reason of physical disability.
Notwithstanding the foregoing, the Board concludes that it would
be in the interest of justice, solely as a matter of clemency,
to correct Subject’s record to show that he was discharged for
the best interest of the service vice misconduct. -
RECOMMENDATION:
a. That Subject's naval record be corrected to show that
on 20 April 2006 he was discharged by reason of best interest of
the service vice misconduct.
b. That no further relief be granted.
ec. That a copy of this Report of Proceedings be filed in
Subject’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
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.
Spe
FO Ww. DEAN PFEIFFER
NAVY | BCNR | CY2008 | 11135-08
DEPARTMENT OF THE NAVY : BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JRE Docket No. 11135-08 7 October 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORMER Si aa REVIEW OF NAVAL RECORD Ref: {a) 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) Subject's naval record 1.
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 | CY2010 | 06461-10
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 he was assigned a more favorable reentry code than RE-4, and that he be granted a waiver of physical disqualification from reenlistment. The Board, consisting of Messrs. Garst, Gorenflo and McBride, reviewed Petitioner's allegations of error and injustice on 14 April 2011 and, pursuant to its...
NAVY | BCNR | CY2006 | 06869-06
The Board, consisting of Ms.and Messrs. and reviewed Petitioner’s a1Iegatio~is of error and injustice on On 5 August 2005, he reported that he had experienced back pain associated with running. He maintains that his enlistment was not fraudulent.CONCLUSION:Upon review and consideration of all the evidence of record, the Board accepts Petitioner’s contention that he did not conceal a history of back pain when he underwent his pre-enlistment physical examination.
NAVY | BCNR | CY2009 | 06570-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TIR Docket No: 6570-09 2 June 2010 From: Chairman, Board for Correction of Naval Records To Secretary of the Navy Subj REVIEW NAVAL RECORD OF Ref (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed. Further, reference (b) does not specifically authorize...
NAVY | BCNR | CY2007 | 04752-07
Pursuant to the provisions of reference (a), Petitioner a former enlisted member of the Navy, filed enclosure (1) with this Board, requesting a change in her RE-4 reenlistment code and reason for discharge (“Failed Medical/Physical Procurement Standards”)- 2. She was discharged with an entry level separation, assigned an RE-4 reenlistment code, and a JFW separation code on 9 March 2006.f. That a copy of this report of proceedings be filed in Petitioner’s naval record.c.
NAVY | BCNR | CY2003 | 05648-03
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 a reentry code of RE-3, in place of the code of RE-4 he received show that he w&assigned on 18 march 1994. The Board, consisting reviewed Petitioner’s allegations of error and i pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of...
NAVY | BCNR | CY2005 | 05571-05
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that she was discharged by reason of physical disability, vice a condition, not a disability, that interfered with her performance of duty.2 The Board consisting reviewed Petitioner s allegations of error and injustice on 8 September 2006, and pursuant to its regulations, determined that...
NAVY | BCNR | CY2008 | 10834-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JRE Docket No. 10834-08 12 December 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORMER ee rae REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. 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...
NAVY | BCNR | CY1999 | 07640-98
Y DEPARTMENT OF THE NAV BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAW ANNEX WASHINGTON DC 20370-5100 JRE Docket No: 7640-98 30 April 1999 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy L REVIEW OF NAVAL RECORD (a) 10 U.S.C. 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 assigned a reenlistment code of...