QEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
TRG
Docket No:
20 November 2001
7800-01
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:
*ii
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Marine Corps Reserve filed
enclosure (1) with this Board requesting that his record be
corrected to show he was honorably discharged on 28 April 1997.
The Board, consisting of Mr. Dunn, Mr. Neuschafer and Ms.
2.
Schnittman, reviewed Petitioner's allegations of error and
injustice on 14 November 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.
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
regulations within the Department of the Navy.
b.
Enclosure (1) was filed in a timely manner.
C .
Petitioner enlisted in the Marine Corps Reserve on 25
The record shows that on 25 March 1997
March 1994 at age 22.
Petitioner requested a conditional release from the Marine Corps
This request
Reserve so he could enlist in the National Guard.
was approved by the commanding general.
enlisted in the National Guard.
On 29 April 1997 he
d.
Apparently, Petitioner's reserve unit was unaware of the
enlistment in the National Guard since no action was taken until
2 December 1998.
On that date notification was sent to his last
known address informing him that he was being processed for
discharge due to unsatisfactory participation.
was received, discharge processing continued.
When no response
On 25 May 1999 the
discharge authority directed discharge under other than honorable
conditions due to his failure to participate, and he was so
discharged on 15 August 1999.
Petitioner was honorably discharged from his National
GuardeEnlistment on 28 April 2000.
CONCLUSION:
The Board is aware that an individual cannot be in two
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
service components at the same time.
release to enter the National Guard was approved, and he actually
enlisted in the Guard, it is clear that his honorable discharge
from the Marine Corps Reserve should have occurred on 28 April
1997.
Therefore all entries in the record after 28 April 1997
are in error and should be removed from the record.
Since his conditional
RECOMMENDATION:
.;
.
That Petitioner's naval record be corrected to show that
E;? was issued an honorable discharge on 28 April 1997.
That Petitioner's naval record be further corrected by
b.
removing all documentation after 28 April 1997 concerning his
discharge processing for failure to participate and discharge
under other than honorable conditions.
That any material or entries inconsistent with or relating to
C .
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.
That any material directed to be removed from Petitioner's
d.
naval record be returned to the Board,
of Proceedings, for retention in a confidential file maintained
for such purpose, with no cross reference being made a part of
Petitioner's naval record.
together with this Report
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.
Recorder
ZSALMAN
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
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of
.
. .
3
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