DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 6669-01
5 February 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 w/attachments
(2) CNRC memorandum 1133 Ser 31 of 7 November 2001
(3) Subject ’s naval record
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
1.
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to void the discharge issued on 21 January 2000.
2. The Board, consisting of Mr. Brezna, Mr. Pfeiffer, and Ms. Hare, reviewed Petitioner
allegations of error and injustice on 5 February 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
’s
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
In correspondence attached as enclosure
(2), the office having cognizance over the
b.
subject matter addressed in Petitioner ’s application has commented to the effect that the
request has merit and warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record,
contents of enclosure
(2), the Board finds the existence of an
following corrective action.
and especially in light of the
injustice warranting the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
Docket No: 6669-01
a. The discharge issued on 21 January 2000 is null and void. Member enlisted in the
Naval Reserve for 4 years active duty on 11 September 1997 to serve in the Baccalaureate
He was subsequently disenrolled from the program
Degree Completion Program (BDCP).
and reported to Recruit Training Center (RTC), Great Lakes (as required, to serve 24 months
in enlisted status) on 27 March 2000. Member should have reported directly to RTC on his
initial contract. A new enlistment document DD Form
DD Form 214 was not required.
there was an overpayment on his account based on a retroactive DD Form 214 which
discharged him from the USNR on 21 January 2000. This discharge was erroneous and
should be voided. Members pay should be corrected accordingly.
However, sometime in April member was notified that
4/l and release/discharge certificate
b. Leave issues should be addressed in a separate petition, with supporting
documentation
C.
That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
4.
Records (32 Code of Federal Regulations, Section
723.6(c)) it is certified that 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
GA-w---
G. L. ADAMS
Acting Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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.
5 February 2002
Executive Director
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