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NAVY | BCNR | CY2005 | 10413-05
Original file (10413-05.rtf) Auto-classification: Approved


DEPARTMENT OF’ THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20310



         T RG
                  Docket No: 10413-05
                   6 March 2007



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 former enlisted member of the Navy Reserve, filed an application with this Board requesting, in effect, that her record be corrected to show that she was honorably discharged on 15 October 2004 vice the discharge of 5 May 2005 now of record.
         2. The Board, consisting of Mr.  , Mr and Mr. reviewed Petitioner’s allegations of error and injustice on 21 February 2007 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 Navy Reserve on 29 August 01 in pay grade E-3. The record shows that she had prior service in the Army Reserve. During her Navy Reserve service she served well and was advanced to petty officer third class (EO3; E-4).
d.       On 24 July 2004, Petitioner’s reserve unit commanding officer signed a conditional release form so that she could pursue an enlistment in the National Guard. The record shows that she enlisted in the National Guard on 15 October 2004.




e.       Since an individual cannot serve in two military components at the time, Petitioner’s discharge from the Navy Reserve was required, effective on 14 October 2004. However, the Navy Reserve was apparently unaware of her National Guard enlistment and she was considered to be a member of the Navy Reserve. On 18 March 2005 she was notified of separation processing from the Navy Reserve by reason of unsatisfactory drill attendance. The notification was sent to her last known address. Since she did not respond, the commanding officer directed a general discharge, noting that the certified mail receipt had been signed. She received a general discharge on 5 May 2005.
f.       Subsequently, Petitioner was informed that she was indebted for Service Group Life Insurance (SGLI) premiums from October 2004 until her discharge on 5 May 2005. Since SGLI payments were deducted from her National Guard check, she desires a correction to her record so that she will not be indebted.
g.       The Navy Personnel Center stated in a 22 September 2005 response to a congressman, in part, as follows:
(She) requested a conditional release from the Navy Reserve which was approved by the Commanding Officer of her Reserve unit on July 24, 2004. However, current policy states that only this command or the Commanding Officer of the Navy Reserve Activity (NRA) are authorized to approve such requests. Since the request was not approved by the NRA, (she) was administratively separated on May 11, 2005, after she had accumulated nine unauthorized absences. Our review of this matter indicates that if the NRA had been made aware of (her) request for release, it would have been approved and the NRA would have discharged her accordingly. Her discharge date would have been July 25, 2004, and her SGLI payments would have automatically stopped.
Petitioner was told to petition this Board for a correction to her record to show that she was honorably discharged from the Navy Reserve.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. She clearly believed that she had taken the necessary steps to resolve her status in the Navy Reserve, but an error occurred which resulted in the issuance of a general discharge and an ensuing indebtedness for SGLI premiums. Therefore, the Board concludes that her record should be corrected to show that she was honorably discharged from the Navy Reserve. The discharge date should be 14 October 2004, the day prior to enlistment in the National Guard and not the 25 July 2004 date when she signed the conditional release.
With h er action Petitioner will have no status in the Navy Reserve after 14 October 2004. Therefore, all discharge processing documentation and any other record entries after that date should be removed from her record.










RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected to show that. s he was honorably discharged from the Navy Reserve on 14 October 2004 vice the general discharge on 5 May 2005 now of record.
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 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.


W. DEAN PFIEFFER
Executive Director



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