DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6596-01
26 October 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
VAL RECORD OF'
Ref:
(a) 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Naval Reserve, filed enclosure (1)
with this Board requesting, in effect, that he be reinstated in
the Naval Reserve.
Mackey, and Ms.
2. The Board, consisting of Mr. Brezna, Mr.
Schnittman, reviewed Petitioner's allegations of error and
injustice on 24 October 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.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:
Documentary material
a. Before applying to this Board, Petitioner exhausted all
administrative remedies, available under existing law and
regulations within the Department of the Navy.
r b. Enclosure (1) was filed in a timely manner.
C . Petitioner enlisted in the Naval Reserve on 18 December
1998 after four years of prior active service in the Marine
Corps.
d. After about two years of good attendance, Petitioner
attempted to execute a conditional release from the Naval Reserve
in order to enlist in the Air Force Reserve for the purpose of
participating in the Air Force ROTC program.
During this time,
he let his attendance-at regularly scheduled drills lapse to the
point of unsatisfactory attendance.
a general discharge by reason of unsatisfactory participation. A
On 20 June 2001 he received
reenlistment code of RE-4 was assigned.
e. Naval Reserve regulations outline procedures for
terminating voluntary drillers such as Petitioner, who have
completed a period of extended active duty and are not required
to drill as part of the military obligation.
voluntary driller who has shown good performance on active and
Reserve duty would be transferred to the Individual Ready Reserve
(IRR) and recommended for reaffiliation.
Normally, a
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board noted that Petitioner's discharge was not
improper but probably inappropriate.
was on active duty as well as his first two years in the Naval
Reserve, was good.
The Board concludes that the general
discharge was too harsh and the more favorable action of
transferring him to the IRR and recommending reaffiliation should
have been directed.
His overall record while he
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 to show that he
was not discharged on 20 June 2001 but transferred to the IRR and
recommended for reaffiliation on that date.
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, together with a copy of
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.
for retention in a confidential file
with no cross reference being made a
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
Recorder
2
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.
VUO?ti
%W. DEAN PFE FFER
Executive Director
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