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NAVY | BCNR | CY2005 | 10740-05
Original file (10740-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100        



TRG
         Docket No: 10740-05
         16 January 2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj: OF NAVAL RECORD OF

Ref :      (a) Title 10 U.S.C. 1552
En cl :    (1) Case Summary
 (2)      Subjects naval record

1.       Pursuable to the provisions of reference , Petitioner, a former member of the Navy, filed an appiicatjor 1 with this Board requesting that his Separation Program Designator (SPD) be changed.
2 The Board consisting of Mr Mr Ms reviewed Petitioner’s a11eg a tions of error and injustice on 8 January 2008 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 Petitioners 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 consider the application on its merits.
c.       Petitioner enlisted in the Delayed Entry Program (DEP) in the Naval Reserve on 6 July 1994. This action established the ending date of his eight year military obligation as 5 July 2002. On 27 June 1995 he enlisted in the Navy for four years and subsequently extended that enlistment for one year. He was released from active duty on 26 June 2000 with an honorable characterization of service. At that time, he was recommended for reenlistment and was assigned an RE-i reenlistment code.
d.       Petitioner then affiliated with a reserve unit. The record shows that on 13 December 2002, he was honorably
 discharged by reason of unsatisfactory participation in the Ready Reserve and he was not recommended for reenlistment. The SPD code entered in his record is HKK.
c.       Petitioner applied to the Board requesting that the SPD code be changed because HKK means that he was discharged by reason of misconduct due to drug abuse. He points out that the proper SPD for discharge by reason of unsatisfactory participation was HHJ.
d.       Given the circumstances, the Board believed that the SPD could be administratively corrected and the case was sent to the Navy Personnel Command (NPC). NPC initially concluded that Petitioner was correct and the SPD should be HHJ. However, after further review, NPC noted that although Petitioner extended his Regular Navy enlistment for one year, his military obligation remained at eight years and expired on 5 July 2002. Since there is no basis for service after that date, NPC concluded that his discharge on 13 December 2002 for unsatisfactory participation was erroneous. NPC recommended that Petitioner’s record be corrected to show that he was honorably discharged on 5 July 2002 by reason of expiration of service vice the discharge on 13 December 2002 by reason of unsatisfactory participation now of record. There is no mention of a change in the reenlistment code in the NPC submission. A copy of the NPC input is attached to enclosure (1)
CONCLUSION:
Upon review and consideration of all the evidence of record and especially the NPC recommendation, the Board concludes that Petitioner’s request warrants favorable action. Therefore, Petitioner’s record should be corrected to show that he was honorably discharged on 5 July 2002 by reason of expiration of service vice the honorable discharge by reason of unsatisfactory participation now of record.
Since Petitioner completed five years of active duty and was assigned an RE-i reenlistment code on release from active duty, the Board concludes that his record should be further corrected to show that on 5 July 2002 he was recommended for reenlistment.
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 reasons for the changes in Petitioner’s record.
RECOMMENDATION:
 a.       That Petitioner’s naval record be corrected to show that
         2

on 5 July 2002 he was honorably discharged by reason of expiration of service vice the honorable discharge by reason of unsatisfactory participation on 13 December 2002 now of record.
b. That Petitioner’s naval record be further corrected to show that on 5 July 2002 he was recommended for reenlistment.
C. 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        BRIAN J. GEORGE
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 PFEIFFER
                                                                        Executive Director

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