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NAVY | BCNR | CY2014 | NR6973 14
Original file (NR6973 14.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7o1 S, COURTHOUSE ROAD, SUITE 1601
_ ARLINGTON, VA 22204-2490

JRE
Docket No.6973-14
20 March 2015

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

 
 
 
 
 

Subj: ¥ - ; _ a ny vis rhe eee Ei tee as
~ REVIEW OF NAVAL RECORD;

Ref (a) 10U.S.C. 1552

Enel: (1) DD Form 149
(2) PERS Itr did 11 Feb 15
(3) Subject's naval record

4. Pursuant fo the provisions of reference (a), Subject, hereinafter referredtoas
Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable

naval record be corrected by restoring his name to the Temporary Disability Retired List
(TDRL)}.

2. The Board, consisting of Messrs. Chapman, Spooner and Swarens, reviewed
Petitioner's allegations of error and injustice on 18 March 2015 and pursuani to its
reguiations. determined that the corrective action indicated below shoul be taken on
the available evidence of record. Documentary materiai considerec Dy the Boarc
consisied of the enclosures, naval records, ano applicanle siatutes, regulations ana
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 filed in a timely manner.

c. In correspondence attached as enclosure (2), the Navy Personnel Command (NPC)
office having cognizance over Sailors whose names are carried on the TORL
recommends, in effect, that Petitioner's name be restored to the TRDL and that he be
afforded a final periodic examination followed by referral to the Physical Evaluation
Board for a final determination of his disability status.
CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of
the contents of enclosure (2), the Board finds the existence of an injustice warranting

the following corrective action.

RECOMMENDATION:

a. That Petitioner's naval record be corrected by restoring his name to the TDRL and
according him a final periodic examination followed by referral to the Physical
Evaluation Board for a final determination of his disability status.

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.

hud&-

. 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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