DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 1469-02
8 May 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy filed an application with this
Board requesting that his record be corrected to show a voluntary
separation and corresponding Separation Program Designator (SPD),
code vice the involuntary separation and SPD code now of record.
The Board, consisting of Mr. Lippolis, Mr. Dunn and Mr.
2.
Beckett, reviewed Petitioner's allegations of error and injustice
on 7 May 2002 and, pursuant to its regulations, 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 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.
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 reenlisted in the Navy for four years on 29
On that date he received nonjudicial punishment which
He then served in an excellent manner until 18 February
December 1978 and subsequently extended that enlistment for 10
months.
1983.
resulted in a reduction in rate and forfeitures of pay.
performance evaluation for the period ending 23 October 1983, he
received an overall 3.8 evaluation and was recommended for
advancement and retention in the Navy.
He was honorably
discharged on 28 October 1983 at the expiration of his enlistment
In the
as extended.
"fulfillment of service obligation" with an SPD code of
He was assigned an RE-Rl reenlistment code.
The narrative reason for separation was
"JBK".
d.
Regulations in effect in 1983 did not allow for the
assignment of an SPD code to reflect that a career Sailor was
being voluntarily discharged at the expiration of enlistment.
Subsequently, the regulations were changed to allow an SPD code
of
fulfillment of service obligation.
means that an individual is recommended for preferred
reenlistment.
VBK1l when an individual is voluntarily discharged for
An RE-Rl reenlistment code
e.
Petitioner desires a change to a voluntary SPD to
improve his chances for a full time position with the National
Guard.
negative connotation and may prevent his employment.
He has been informed that the involuntary code has a
CONCLUSION:
The Board notes Petitioner many years of good service
In addition, his last
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
with only one nonjudicial punishment.
performance evaluation is excellent and he was assigned the best
possible reenlistment code.
Although the JBK SPD was correctly
assigned in 1983 it was certainly not the intent of the
regulation that such an SPD code have an impact on future
employment.
useful purpose is served by the involuntary code and it should
now be changed to KBK as an exception to the policy in effect in
1983.
Given the circumstances,
the Board concludes that no
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 reason for the change in the SPD
code.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that on
a.
28 October 1983 he was assigned an SPD of KBK vice the SPD of JBK
now of record.
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
2
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
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
m w.
=%%?PF_
Executive Director
3
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