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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