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NAVY | BCNR | CY2004 | 00737-04
Original file (00737-04.rtf) Auto-classification: Approved
DEPARTMENT F THE NAVY
BOARD FOR C RRECTIO OF NAVAL RECORDS
2 NAVY NNEX
         WASHI GTON D C 20370-5100
                  TRG
 Docket No: 737-04
4 August 2004
From:    Chairman, Board for Correction of Naval Records
 To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2) Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Naval Reserve, filed an application with this Board requesting that h s record be corrected to show that he reenlisted in the Naval R serve as a chief petty officer.

 2.       The Board, consisting of Mr. reviewed Petitioner’s al l egations of error and injustice on 27 July 2004 and, pursuant to regulations, determined that the corrective action indicated b low should be taken on the available evidence of record. Do c umentary material considered by the Board consisted of the enclos u res, naval records, and applicable statutes, regulations nd policies.
3.       The Board, having reviewed al the facts of record pertaining to Petitioner’s allegations of er r or and injustice, finds as fo l lows:
Befo re a pplying to this b oard, 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.
c.       Petitioner was advanced o chief petty officer (SKC; E7) on 16 July 1992. Subsequently he served overseas as a civilian employee of the Departme n t of the Navy in Naples, Italy and Singapore. Apparently while ‘n Singapore, he was denied affiliation with a r eserve unit be cause he had spent six years overseas. This resulted in his t r ansfer to the Individual Ready Reserve (IRR). He was honorably d ischarged at the expiration of his enlistment on 3 April 1998.
d.       Petitioner returned to t e United States and reenlisted in the Naval Reserve on 21 July 2 03. Because of his break in service, he was required to reenl i st as a petty officer first class (SKI ; E-6). He states that at the time he was denied









CONCLUSION:
affiliation with a reserve unit, e had not been overseas for six years and the action to transfer im to the IRR was erroneous.

 e.       Attached to enclosure (1) is an advisory opinion from the Commander Naval Reserve Forc s Command, recommending that Petitioner’s record be corrected to show that he reenlisted in the Naval Reserve on 21 July 2003 as an SKC vice an SK I .


Upon review and consideration of all the evidence of record the Board concludes that Petitioner’ request warrants favorable action. Given the circumstances, the Board agrees with the recommendation contained in the advisory opinion and concludes that his record should be correc t ed to show that he reenlisted in the Naval Reserve on 21 July 200 in the rate of SKC vice the reenlistment in the rate of SKI ow of record.
The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the re son for the change in his record.


a.       That Petitioner’s naval reco r d be corrected to show that on 21 July 2003 he reenlisted in the rate of SKC vice the reenlistment in the rate of SK I ow 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 th e the foregoing is a true and complete record of the Board’s p r oceedings in the above entitled matter.
5.       Pursuant to the delegation o authority set out in Section 6(e) of the revised Procedures o 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 cor r ective 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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