DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
2 August 2001
5528-01
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
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 that his record be
corrected to show that he was released from active duty on 3
January 1995 vice being released on 21 December 1994.
The Board, consisting of Mr. Taylor, Mr.
2.
Hardbower, reviewed Petitioner's allegations of error and
injustice on 31 July 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
Novello and Ms.
Documentary material
The Board, having reviewed all the facts of record pertaining
3.
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
regulzitions within the Department of the Navy.
b.
Although it appears that Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
C .
Petitioner enlisted in the Naval Reserve on 7 May 1992
and reported for two years of active duty on 4 January 1993. He
was released from active duty on 21 December 1994 with his
The narrative reason for
service characterized as honorable.
separation was "Insufficient retainability (economic reasons)"
and the Separation Program Designator (SPD) is
indicates the separation was voluntary.
separation he had completed 1 year,
active service.
The DD Form 214 in the record shows that he was
11 months and 18 days of
At the time of
"MBM" which
paid for 39.5 days of unused leave.
continues to be a member of the Naval Reserve.
He has since reenlisted and
d.
Petitioner states in his application that he was
released prior to completion of two years because Naval Station
Treasure Island was closing and since he did not have enough
obligated service remaining on his enlistment it was not cost
effective to transfer him to another duty station.
He states
that he has been denied outpatient health care by the Department
of Veterans Affairs because he has not completed two years of
active duty.
CONCLUSION:
Upon review and consideration'of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
If the command and Petitioner had been aware of the
action.
problem he could have been placed on leave and separated from
active duty on 3 January 1995 at the completion of his two year
obligation.
be corrected to establish his eligibility for veterans' benefits_
This can be accomplished by showing that he was not separated on
21 December 1994 but began a period of annual leave on 22
December 1994 and he remained on leave until his release from
active duty on 3 January 1995.
balance by 12 days and entitle him to an additional 12 days of
pay and allowances.
Therefore, the Board believes that the record should
This action will reduce his leave
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
Ee was not released from active duty on 21 December 1994 but
began a period of leave on 22 December 1994 and was then released
from active duty on 3 January 1995.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
It is certified that a quorum was present at the Board's
4.
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
Recorder
ALAN E. GOLDSMITH
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
6(e) of the revised Procedures of the Board for Correction of
2
(32 Code of Federal Regulations, Section 723.6(e))
Naval Records
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
3
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