DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
CRS
Docket No: 5891-01
6 September 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
L 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 member of the Naval Reserve,
Board requesting in effect,
show a more favorable type of discharge than the entry level
separation issued on 6 October 2000.
filed enclosure (1) with this
that his naval record be corrected to
of'Messrs. Pfeiffer, Zsalman, and
2. The Board, consisting
Cooper, reviewed Petitioner's allegations of error and injustice
on 7 August 2002 and,
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.
pursuant to its regulations, determined
Documentary material considered by
3. The Board, having reviewed all the facts of record pertaining
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 on 20 November 1999 in the advanced pay
grade (APG) program of the Naval Reserve.
d. On 17 September 2000 Petitioner was informed that he was
outside of the required weight standards and could not attend APG
school.
On 6 October 2000 he requested to be terminated from the
APG program.
m
e. On 6 October
2000 Petitioner received an entry level
separation by reason of performance and conduct.
f. In an advisory opinion of 14 June 2002, the Naval Reserve
Personnel Branch, Navy Personnel Command, concludes, in effect,
that Petitioner should not have been discharged on 6 October 2000
but transferred to the Individual Ready Reserve (IRR) and
recommended for reenlistment.
CONCLUSION:
The Board agrees with the advisory opinion that
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief.
Petitioner should not have been discharged but transferred to the
IRR and recommended for reaffiliation.
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 6 October 2000 but was transferred to the
IRR and recommended for reaffiliation on that date.
b. That no further relief be granted.
c. 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.
d. That any material directed to be removed from Petitioner's
together with a copy of
naval record be returned to the Board,
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
&esi@ALAN E. GOLDSMITH
Acting Recorder
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.
-36saaxp
K W. DEAN PFEIFFER
Executive Director
3
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