DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 5984-98
2 July 1999
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 43g
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the United States Naval Reserve filed an
application with this Board requesting that he be reinstated to
CT™1.
2. The Board, consisting of Mr. Pfeiffer, Mr. Brezna and Mr.
Tew, reviewed Petitioner's allegations of error and injustice on
15 June 1999 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's application was filed in a timely manner.
c. Petitioner was honorably discharged from the Navy on 15
January 1993 in the rate of CTM1 (E-6) under the provisions of
the Special Separation Bonus (SSB) program. At the time of
discharge he had completed 11 years and 5 months of active
service.
d. One of the requirements of the SSB program was a three
year enlistment in the Naval Reserve. Petitioner states that he
was subsequently informed that there were no billets for the CTM
rating available in the Naval Reserve. Petitioner reenlisted in
the Naval Reserve on 16 January 1996 for six years. He was then
informed that if he accepted an administrative reduction to CTM2
(E-5) he could be affiliated with a reserve unit. He agreed to
this and on 16 September 1997 he was assigned to a unit ina
drill pay status.
e. Petitioner states that after he began drilling he
discovered that there were CTM1 billets available and that he
should not have been required to accept an administrative
reduction in rate. In support of his application the Commanding
Officer, Naval:Reserve Security Group, St. Louis, MO states, in
part, as follows:
(He) should be reinstated for two basic reasons: (1) an
error was made that resulted in his reduction to ESwhen
he was accessed to the Selected Reserve and (2) he has
met the requirements for CTM1, performed in a manner
expected of a First Class Petty Officer and is
currently in a CTM1 billet.
A retired Naval Reserve Captain, who was then the Deputy Director
for the Naval Reserve Security Group Program, has submitted a
letter in support of Petitioner's application and states that the
request for assignment indicated that the rate requested was
CTM2. Since CTM1l billets were available, he assigned Petitioner
to one of those billets.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. In reaching is decision the Board notes the comments of
the commanding officer and the former Deputy Director of the
Naval Security Group Program. Since Petitioner was a fully
qualified CTM1 and he was immediately assigned to a CTM1 billet,
it appears that his reduction in rate to CTM1 should not have
occurred. Therefore, the Board agrees with the recommendation of
the commanding officer and concludes that the record should be
corrected to show that he was never reduced from CTM1 to CTM2.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was not reduced to CTM2 but has continued to serve as a CTM1.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
4. 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.
ROBERT D. ZSALMAN GARY L. ADAMS
Recorder Acting 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.
° ae
W. DEAN PFE
Executive Di r
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