DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
TRG
Docket No: 179-00
22 March 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD
OFi
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) NPC ltr 1920 Ser
(3) Subject's naval record
834D/1079 OF 15 Nov 00
1.
Pursuant to the provisions of reference (a), Petitioner, a
former commissioned officer in the United States Naval Reserve
filed enclosure (1) with this Board requesting that her record be
corrected to show that she was discharged due to failure to
achieve medical licensure.
The Board, consisting of Mr. Shy, Mr. Pfeiffer and Mr.
2.
Silberman, reviewed Petitioner's allegations of error and
injustice on 20 March 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.
Petitioner's application was filed in a timely manner.
C .
Petitioner's record shows that on 8 October 1998 the
Commanding Officer, Naval Hospital, Charleston, SC requested that
she be administratively discharged because she had twice failed
Part III of the Comprehensive Osteopathic Licensing Examination.
She subsequently submitted an unqualified resignation request for
an honorable discharge.
Navy
Secretary of the
Chief of-Naval Personnel and directed an
reason of substandard performance with a
Designator (SPD) code of
honorable discharge by
Separation Program
She was so discharged on 16
(M&RA) approved the recommendation of the
On 9 September 1999 the Assistant
"BHK".
October 1999.
d.
Petitioner states that she is aware that the only reason
for discharge and SPD code in the regulations which fits the
circumstances of her case are substandard performance and BHK.
She contends the reason for discharge is ambiguous and could be
interpreted incorrectly.
for separation be changed to
of medical licensure".
She requests that the narrative reason
"substandard performance due to lack
e.
At enclosure (2) is an advisory opinion from the Navy
Personnel Command (NPC) which recommends as follows:
. The action requested by Petitioner is not specially
.
prohibited by (BUPERSINST 1900.8) and seems a
reasonable way to correctly document her reason for
separation without causing her undue personal
difficulties.
granting her request.
requested comment be revised to read "Block 28
continued:
failure to obtain medical licensure."
For this reason, Pers-834 recommends
Further, recommend that her
substandard performance due solely to
CONCLUSION:
As indicated, the only reason for Petitioner's discharge
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
by reason of substandard performance was her failure to achieve
Therefore, the Board agrees with the recommendation
licensure.
made by NPC and concludes that the recommended language of
28 continued: substandard performance due solely to failure to
obtain medical licensure
11 be added to her DD Form 214.
"Block
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the basis for the new wording on her DD
Form 214 which is directed as an exception to policy.
RECOMMENDATION:
That Petitioner's naval record be corrected by adding to her
a.
DD Form 214 the phrase "Block 28 continued: substandard
performance due solely to failure to obtain medical licensure."
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
4.
It is certified that a quorum was present at the Board's
2
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.
Acting Recorder
GCLDSMITHf
-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.
3
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