DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 11938-11
5 November 2012
From: Chairman, Board for Correction of Naval Records
Te Secretary of the Navy
i i is
Sub] : AREER DCs em ee Te RE:
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.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) WLER this
Board requesting, in effect, that his naval record be corrected to
show that His disability is combat-related.
2. The Board, consisting of Messrs. Chapman, Midboe and Silberman
reviewed Petitioner's allegations of error and injustice on 25
October 2012 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. Petitioner was discharged by reason of physical disability on
19 September 2011 due to a disability that was not considered combat
related. On 14 October 2011, the Judge Advocate General reversed
that determination, and held that Petitioner’s disability is
combat -related.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in view of the action of the Judge Advocate General oin
this case, it would be in the interest of justice to grant
Petitioner’s request.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 19 September 2011, he was discharged by reason of physical
disability that was a direct result of armed conflict and therefor
is combat-related as defined by 26 U.S.C. 104(b) (3).
b. 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. l, ot AA e
ROBERT D. ZSALMAN B R. EXNICIOS
Recorder cting 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 o£
the Navy.
Me
7 " DEAN PFEIFFER
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