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AVAL RECORDS
SUITE 1001
HCG
Docket No. 6450-14
16 December 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub 7): “SReeseeneereem te
REVLEW OF NAVAL RECORD
Ref: ta) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) Dir, SECNAVCORB ltr 5220 CORB: 002, 20 Nov 14
(3) Subject's VA records
Lig 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 he was retired by reason of physical
disability.
>. The Board, consisting of Messrs. Grover, Rothlein and
Clemmons, reviewed Petitioner's allegations of error and
injustice on 10 December 2014 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 not filed in a timely manner, however the
Board found it in the interest of justice to waive the statute
of limitations and consider the application on its merits.
c. In correspondence attached as enclosure (2), the Director,
Secretary of the Navy Council of Review Boards, recommended that
the Board grant Petitioner’s request.
1
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in view of the comments contained in enclosure (2),
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
15 December 2006 he was permanently retired by reason of
physical disability, in accordance with the provisions of title
10 U.S. Code, section 1201, with a disability rating of 60
percent under Department of Veterans Affairs Schedule for Rating
Disabilities code 7199-7121, for Stage 3 Kidney Disease, which
did not result from a combat related injury as defined by title
25, U.S. Code section 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 quorum was
present at the Board's review and deliberation deliberations,
and that the foregoing is a true and complete record of the
Board's proceedings in the above entitled matter.
/ (awed om
' 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
ROBERT J. O'NEILL
Executive Director
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