JRE
Docket No.7268-14
20 March 2015
From: Chairman, Board for Correction of Nava! Records
To. Secretary of the Navy
Sub}:
Wem.
REVIEW OF NAVAL RECORD;
Ref: (a) 10 U.S.C. 1552
Enci; (1) DD Form 149
(2) PERS ltr did 13 Mar 19
(3) 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 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
Patitioner’s allegations of error anc injustice on 1 March 2015 and pursuani to its
reguiations, determines thar tne sorrective action indicate below shoulc be taken on
the available evidence Of recora. Documentary materia’ considerec by the Boarc
consisted o: the enclosures, naval records. anc applicable statutes, regulations and
policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioners
allegations of error and injustice, finds as follows:
r exhausted all administrative remedies
g. Before applying to this Board, Petitione
5 within the Department of the Navy.
available under existing law and regulation
b. Enclosure (1) was filed ina timely manner.
(2}, the Navy Personnel Command (NPC)
office having cognizance overt Sailors whose names are carried on the TDRL
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 isa
true and complete record of the Board's proceedings in the above entitled matter.
IglZE
/ 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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