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NAVY | BCNR | CY2015 | NR1963 15
Original file (NR1963 15.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE #00!
ARLINGTON, VA 22204-2490

JRE
Docket No. 1963-15
20 March 2015

 

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

creas

 
    

REVIEW OF NAVAL RECORD;

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

Encl: (1) DD Form 149
(2) PERS Itr dtd 6Jan 15
(3) Subject's naval record

4- 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). - 3

2 The Board, consisting of Messrs. Chapman, Spooner and Swarens, reviewed
Petitioner's allegations of error and injustice on 4° March 2015 and pursuant to its
regulations, deiermines that the corrective action indicatec below shoulc be taken on
the available evidence of record. Documentary materia! considerec by the Boarc
consisted of the enclosures, navai records, anc applicable statutes, reguiations 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 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 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
- affording 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.

Lea

JAMES R) EXNICIOS
, 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 ts
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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