DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 8154-02
4 December 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) CMC memorandum 1040 CMT of 19 November 2002
(3) Subject ’s naval record
1.
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show Date of Rank (DOR) in
the Separation Code on his DD Form 214 of 7 May 1999 was corrected.
paygrade E-6 was assigned as an earlier date and
2. The Board, consisting of Messrs. Frankfurt,
Petitioner’s allegations of error and injustice on 3 December 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.
Leeman, and Ms. Humberd, reviewed
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, and especially in light of
(2), the Board finds the existence of an injustice warranting the
contents of enclosure
following corrective action.
the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
Docket No: 8 154-02
a. The Separation Code on the DD Form 214 of 7 May 1999 was
“KDBl”. Petitioner was “released” from active duty vice being “discharged”. All entries on
the DD Form 214 of 7 May 1999 will be corrected to reflect voluntary release from active
duty due to hardship.
“discharged” from active duty the time in the Reserves will count toward his Pay Entry Base
Date (PEBD) which will be changed to reflect a new PEBD.
Since Petitioner was “released” from active duty vice being
”
“MDBl” vice
b.
Petitioner was assigned a DOR as an E-5 of 1 March 1998 when he transferred to
the Active Reserve Program.
C. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
4.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
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
G. L. ADAMS
Acting Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
5.
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.
4 December 2002
Executive Direct
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