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NAVY | BCNR | CY2007 | 05798-07
Original file (05798-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
WASHINGTON DC 20375-5100        


                                    TRG
 Docket No:       5798-07
 21 May 2008



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)      Subjects naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy Reserve, filed an application with this Board requesting that his record be corrected to show that he was recommended for reenlistment.
2. The Board, Consisting of Mr. and Ms. reviewed Petitioner’s al legations of error and injustice on 6 May 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 submitted in a timely manner.
c.       Petitioner extended his enlistment for two years on 27 October 2004. He states that in October 2006 he decided not to reenlist. Four days prior to the expiration of his extension he found out that he was on a list for mobilization orders. He declined to extend or reenlist and was honorably discharged on 26 October 2006. At that time, he was not recom mended for reenlistment.



d.       With his application, he has submitted s statement from
 the Deputy Reserve Intelligence Area Commander MIDWEST and a
letter from his former unit setting forth their opinions that
Petitioner should have been allowed to reenlist. Since a
performance evaluation for the period 16 November 2005 to 27
 October 2006 had not been prepared at the time of Petitioner’s discharge, an evaluation for that period has now been submitted. The Individual Trait Average is 4.43 and he is recommended for early promotion and retention in the Navy Reserve.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Given the recommendation for retention in the performance evaluation, the recommendation for reenlistment of officers for whom he worked, the Board concludes that Petitioner’s record should be corrected wherever necessary to show that on 26 October 2006 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 change in his record.
RECON1~4ENDAT IONS
a.       That Petitioner’s naval record be corrected to show that on 26 October 2006 he was recommended for reenlistment.
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 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 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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