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NAVY | BCNR | CY2002 | 09957-02
Original file (09957-02.pdf) Auto-classification: Approved
DEPARTMENT OF THE  N A V Y  

BOARD  FOR  CORRECTION  O F  NAVAL  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  DC  2 0 3 7 0 - 5 1 0 0   TRG 

From:  Chairman, Board for Correction of Naval Records 
To : 

Docket No:  9957-02 
6 August 2003 

Subj:  REVIEW OF NAVAL RECORD OF - Ref:  (a) Title 10 U.S.C. 1552 

Secretary of the Navy 

Encl :  (1) Case Summary 

(2) Subject's naval record 

1.  Pursuant to the provisions of reference (a), Petitioner, a 
former enlisted member in the Navy, filed an application with 
this Board requesting that his record be corrected, in effect, to 
show that his separation program designator (SPD) code was 
voluntary qnd not involuntary. 

The Board, consisting of Mr. v, M r . -  

reviewed Petitioner's a1 egations of error and injustice 
on 29 July 2003 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. 

and Mr. 

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.  Although it appears that Petitioner's application was 

not filed in a timely manner, it is in the interest of justice to 
waive the statute of limitations and review the application on 
its merits. 

c.  Petitioner enlisted in the Navy on 19 December 1984 at 
age 20.  He completed initial training and on 18 July 1985 
reported to  the'^^^ COMTE DE GRASSE (DD 974).  He then served in 
an outstanding manner on board that vessel for over three years. 
During this period, he was advanced to petty officer second ciass 
(RM2; E-5).  In the performance evaluation for the period 28 June 
to 18 December 1988, he was assigned marks of 4.0  in every 
category and was strongly recommended for advancement and 
retention.  It states in the evaluation comments that he was an 
 exceptionally competent and outstanding individual in all 

respects."  On 18 December 1988 he was awarded the Good Conduct 
Medal. 

d.  Also on 18 December 1988, Petitioner was released from 
active duty and transferred to the Naval Reserve to complete the 
remainder of his militaq obligation.  The SPD code of  "LBK" was 
assigned at that time, which means his separation was 
involuntary.  The associated narrative reason is "USN released 
from active duty and transferred to the Naval Reserve."  At that 
time, he was assigned an RE-R1 reenlistment code, which means 
that he was recommended for preferred reenlistment. 

e.  Petitioner affiliated with a reserve unit on 29 December 
1988 and then served in an excellent manner for over three years. 
He was honorably discharged on 29 October 1992 at the end of his 
eight year military obligation. 

f.  Petitioner is now serving in the Alabama National Guard. 

With his application he has submitted a letter from the State 
Military Department that states that he is ineligible for the 
Active Guard Reserve Program because Army Regulations preclude 
assignment in that program to anyone with an involuntary SPD 
code.  The letter recommends that he request a change to the 
voluntary code of  "MBK". 

g.  The Navy instruction in effect at the time of 

Petitioner's discharge stated that an SPD code of LBK should be 
assigned when an individual was in the Regular Navy and was being 
involuntarily released from active duty and transferred to the 
Naval Reserve.  The instruction does not contain an SPD code of 
MBK  and no other voluntary SPD code fits the circumstances of 
Petitioner's situation.  Why this situation occurred hps been 
lost with the passage of time.  The current regulation  allows 
for the assignment of an MBK code when there is a voluntary 
release or transfer to another service component. 

CONCLUSION: 

Upon review and consideration of all the evidence of record the 
Board concludes that Petitioner's request warrants favorable 
action.  As indicated Petitioner has an excellent record, was 
awarded the Good Conduct Medal, and was recommended for preferred 
reenlistment.  Further, he subsequently had three years of 
excellent service in the Naval Reserve.  Given this record, the 
Board believes that Petitioner should not be barred from 
consideration Bor the active duty program and the record should 
be corrected to show an SPD code of MBK, as an exception to the 
policy in effect in 1988. 

BUPERSINST 1900.8 of 28 June 1993 

The Board further concludes that this Report of proceedings 
should be filed in ~etitioner's naval record so that all future 
reviewers will understand the reason for the change in the SPD 
code. 

RECOMMENDATION: 

a.  That Petitioner's naval record be corrected by issuing a DD 
Form 215 to show that on 18 December 1988 he was assigned a 
Separation Program Designator of MBK  vice the LBK code now of 
record. 

b.  That this Report of Proceedings be filed in Petitioner's 
naval record. 

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 

f 1 7 J h T  

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. 



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