DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4874-07
15 February 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF eligi
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
l. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member in the Navy Reserve filed an application
with this Board requesting, in effect, that she be reinstated so
that she can continue to receive payments under the Variable
Separation Incentive (VSI) program.
2. The Board, consisting of /ig_quROIIIMiin or ae, and Mr.
reviewed Petitioner's allegations of error and injustice on
5 February 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 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. Attached to enclosure (1) is an advisory opinion from
the Navy Personnel Command that points out that in order to be
eligible for VSI, the member must remain a member of a reserve
component during the entire period of eligibility for VSI.
Concerning this case, the advisory opinion states, in part, as
follows:
.-(Petitioner] affiliated with [a reserve unit]. Her
pay entry base date was not accurately calculated upon
affiliation, and as a result, she exceeded [high year
tenure] limitations... [accordingly she was processed]
for administrative separation by Reason [sic] of
Defective Enlistments and Inductions - Erroneous
Enlistment...At the time, it was not known that [she]
was receiving VSI.
The advisory recommends that the record be corrected wherever
necessary to show that she had been continuously a member of the
Navy Reserve and has received continuous VSI payments since the
date of her erroneous discharge.
CONCLUSION:
Upon review and consideration of all the evidence of record and
especially the recommendation contained in the advisory opinion
the Board concludes that Petitioner's request warrants favorable
action. The separation package and entries showing the date of
discharge are not filed in Petitioner's record but she states
that she was discharged on 12 December 2006. Therefore, the
Board concludes that her record should be corrected to show that
she was not discharged on 12 December 2006 or any other date and
she has remained a member of the Navy Reserve since then. This
correction will reestablish her eligibility for VSI without any
break in the VSI payments.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand her entitlement to VSI.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
that she was not discharged on 12 December 2006 or any other date
in 2006 and that she has remained a member of the Navy Reserve
Since then.
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 that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN BRIAN \ 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.
Foe_w. DEAN PFEIFFER
Executive Director
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