DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
3 September 2003
6668-03
Chairman, Board for Correction of Naval Records
Secretary of the Navy
L RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former commissioned officer in the Naval Reserve, filed an
application with this Board requesting that his record be
corrected to show that he was not discharged but continued to
serve as a member of the Naval Reserve.
Mr.
of
and Mr.
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d injustice
on 3 September 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.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
The Board, having reviewed all the facts of record pertaining
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Petitioner's application was filed in a timely manner.
Petitioner was commissioned in the Naval Reserve on 17
Aprilci992.
On 17 April 1996 he accepted an appointment in the
Regular Navy and was subsequently promoted to lieutenant (LT;
O-
He resigned his commission and was honorably discharged on 1
3).
March 2000.
The next day he accepted a commission in the Naval
Reserve and was placed in the Individual Ready Reserve (IRR).
d.
Petitioner did not participate in the reserve program,
which led to two failures of selection to lieutenant commander
(LCDR; O-4).
The record shows that on 3 February 2003 the Navy
Personnel Command sent him a letter informing him that he had
twice failed of selection and his discharge Was required.
However, he was also informed that upon request, he would be
If such a
considered for continuation in the Naval Reserve.
request was not received by 7 March 2003, he would be honorably
discharged on 1 April 2003.
Petitioner's current address.
This letter was not sent to
e.
A reserve officer recruiter states that he began the
After going through the selection process, he was
process of accessing Petitioner into a drilling status on 15
January 2003.
affiliated with a reserve squadron on 25 March 2003.
The
recruiter states that a check of a computer date base did not
reveal that Petitioner's discharge was pending.
Petitioner
states he began drilling on 28 March 2003 and trained 24 of the
On 9 May 2003 he completed ground training and all
next 30 days.
simulator events for the C-40A aircraft and was scheduled for his
first flight in the C-40A on 23 May 2003.
However, on 17 May
2003 he received a letter, dated 13 May 2003, informing him that
he had been discharged on 1 April 2003.
f.
The squadron commanding officer states that Petitioner
he would have been continued and
Given his desire to serve and the valuable
was selected from 17 highly qualified candidates to become a
member of the squadron.
He states that the Navy spent about
$35,000 in training Petitioner and that it would be a waste of
taxpayer dollars and man-hours to discharge him.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board believes that if Petitioner had requested
continuation, or if the continuation board had been aware of his
affiliation with a reserve unit,
not discharged.
training he received, the Board concludes that the record should
be corrected to show that he was selected for continuation and
that his discharge on 1 April 2003 should be cancelled.
The Board further concludes that this Report of
should be filed in Petitioner's naval record so
reviewers will understand he is a member of the
RECOMMENDATION:
a.
was not discharged on 1 April 2003 but that prior to that date
he was selected for continuation in the Naval Reserve.
b.
naval record.
4.
review and deliberations,
It is certified that a quorum was present at the Board's
That this Report of Proceedings be filed in Petitioner's
That Petitioner's naval record be corrected
and that the foregoing is a true and
Proceedings
that all future
Naval Reserve.
to show that he
2
complete record of the Board's proceedings in the above entitled
matter.
I/Acting Recorder
ROBERT D. ZSALMAN
Recorder
Pursuant to the
5.
delegation of authority set out in Section
Procedures of the Board for Correction of
6(e) of the revised
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),
behalf of the Secretary of the Navy.
has been approved by the Board on
WW. DEAN
PMIFFER
Executive Director
3
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