DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10018-06
28 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
Encl: ( DD Form 149 w/attachments
1
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy Reserve, filed enclosure (1)
with this Board requesting, in effect, that his naval record be
corrected to show that he was recommended for reenlistment on 22
April 2005.
2. The Board, consisting of vessrs Qi ‘ee and
“a reviewed Petitioner's allegations of error and injustice
on 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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Navy Reserve on 24 March 2003
after five years of prior active service.
d. On 16 September 2004 Petitioner was notified of his
required dental examination. There was no response and he no
longer attended regularly scheduled drills. On 21 April 2005 the
Navy Personnel Command directed that he receive a general
discharge by reason of unsatisfactory participation. For some
unknown reason, on 22 April 2005 Petitioner was honorably
discharged by reason of convenience of the government. At that
time, he was not recommended for reenlistment.
e. In an attachment to his application Petitioner admits
that he missed a dental appointment but states that he was
involved in a custody dispute and missed the appointment due to
the court date.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. While the Board agrees that Petitioner was to blame for
his being discharged, it also believes that his failure to take
the dental examination and subsequent failure to attend drills is »
not sufficient to bar him from further military service.
Accordingly, the Board recommends that the record entry to the
effect that Petitioner was not recommended for reenlistment be
changed to a recommendation in favor of reenlistment.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was recommended for reenlistment vice the not recommended for
reenlistment actually issued on 22 April 2005.
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 a copy of
this Report of Proceedings, for retention ina 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.
oO
LO
ROBERT D. ZSALMAN ALAN E. GOLDS CH
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.
Lo Qa by \
W. DEAN
Executive Di
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