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NAVY | BCNR | CY2005 | 10281-05
Original file (10281-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




                                    Docket No: 10281-05
                                                                                  1 March 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW 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 former enlisted member of the Naval Reserve, filed an application with this Board requesting changes in the reason for discharge and reenlistment code.
2.       T he Board, consisting of Mr. Mr. and Ms. reviewed Petitioner’s a allegations of error and injustice on 22 February 2006 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.       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.       Petitioner’s application was filed in a timely manner.
c.       Petitioner enlisted in the Naval Reserve on 13 April 1996 at age 20 and on 26 June 1996 he reported for three years of active duty. He reported to the USS NIMITZ (CVN 68) on 12 October 1996 and served onboard until he was honorably released on 22 May 1999. He reported to a reserve unit on 15 June 1999 and remained a drilling reservist until the expiration of his eight year military obligation on 12 April 2004.
d.       Contained in Petitioner’s record is an unsigned 24 month extension. Apparently, his command believed there was a valid extension and processed him for discharge because of unsatisfactory participation in the Ready Reserve. He was issued a general discharge on 11 March 2005 with an RE-4 reenlistment code.
 e.       On 10 November 2005 the commanding officer of the Reserve Center sent a letter to the Navy Personnel Command stating that an error had been made and requesting that Petitioner’s record be corrected to show that he was honorably discharged at the expiration of his enlistment with an RE-Ri reenlistment code.
f.       Attached to enclosure (1) is an advisory opinion from the Navy Personnel Command that states, in part, as follows:
Our records also indicate that on 24 February 2004, a 24 month extension of enlistment was prepared for (Petitioner), but was never signed by him. At the expiration of his initial eight year enlistment, the unsigned 24 month extension was made operative changing his Expiration of Service (EOS) from 12 April 2004 to 12 April 2006.
The lack of signature by (Petitioner) indicates the 24 month extension of enlistment was prepared without his consent or knowledge, therefore making it an invalid document.
The advisory opinion recommends that Petitioner’s record be corrected to show that he was honorably discharged on 12 April 2004, the end of his eight year military obligation, with a separation program designator (SPD) of “KBK” and an RE-R I reenlistment code.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Since the extension was never signed, it is clear that Petitioner had no status after 12 April 2004 and all actions taken after that date are erroneous. Accordingly, the record should be corrected to show that he was honorably discharged on 12 April 2004 with an RE-Ri reenlistment code, and all documentation concerning this matter filed in the record after that date should be expunged.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he was honorably discharged on 12 April 2004 with an SPD of KEK and an RE-Ri reenlistment code vice the general discharge by reason of unsatisfactory participation and RE-4 reenlistment code now of record.


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b. That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.
c. That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of 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        ALAN E. GOLDSMITH
 Recorder         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 7 23.6(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.


                  W. DEAN PFEIFFER
Executive Director

















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