DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No:
7 May 1999
7984-98
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
l
Subj:
RECORD OF*
Ref: (a)
10
U.S.C. 1552
Encl: (1) DD Form 149 with attachments
ease summary
(2)
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, an
1.
enlisted member of the United States Naval Reserve, filed
enclosure (1) with this Board requesting, in effect, that his
naval record be corrected by removing all references to the
period of unauthorized absence (UA) from 6 to 9 March 1998.
The Board, consisting of Messrs. Dunn, Mathews, and Pfeiffer,
2.
reviewed Petitioner's allegations of error and injustice on 4 May
1999 and, pursuant to its regulations, a determined that the
corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations, and policies.
Documentary material considered by
The Board, having reviewed
3.
to Petitioner's allegations of
follows:
all the facts of record pertaining
error and injustice finds as
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 .
Petitioner enlisted in the Naval Reserve on 31 October
1997 and began a period of active duty on 31 January 1998.
During this period, Petitioner has not been the subject of any
disciplinary actions.
d.
On 6 March 1998,
after undergoing a medical examination
for gastroenteritis, Petitioner was placed sick-in-quarters (SIQ)
for 24 hours.
report back to a naval hospital on 7 March 1998 for a follow-up
examination.
On 7 March 1998, after completion of Petitioner's
At this time he also received instructions to
follow-up examination, he was placed on a diet and told to get
plenty of rest.
report back to his command on 9 March 1998 after another
up examination.
At this time he was also told that he could
follow-
e.
On 16 March 1998 a record of unauthorized absence (page 6)
entry was placed in Petitioner's record which noted that he had
been UA from 6 to 9 March 1998.
f.
A memorandum from Petitioner's leading petty officer of 29
October 1998 recommends that Petitioner's record be corrected
because he was not UA from 6 to 9 March 1998.
states, as follows:
The memorandum
Member was discovered in his rack sick from dehydration from
0700 to 1100 when he was discovered by myself and was sent to
medical at 1100 for treatment.
health at the time and that was the reason for the entry in
his record.
Please remove this from his record.
I was more concerned with his
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
Petitioner was actually SIQ and not UA, his record should be
corrected to reflect the same.
that the entry should be removed from his record.
In this regard, the Board concludes that since
Accordingly, the Board concludes
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by removing
the page 6 entry of 16 March 1998.
b.
That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
C .
That any material directed to be removed from Petitioner's
naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.
In view of the foregoing, the minority finds no injustice
warranting corrective action.
for retention in a confidential file
with no cross reference being made a
together with a copy of
2
4. It is certified that a quorum was present at the Board's
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter .
ROBERT D. ZSALMAN
Recorder
Acting Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(e) of the revised Procedures of the Board for Correction of
Naval Records (2 Code of Federal Regulation, 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.
Executive d
3
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