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NAVY | BCNR | CY2007 | 08733-07
Original file (08733-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                           TRG
         Docket No: 8733-07
        14 May 2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD
                  —
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 member of the Navy Reserve, filed an application with this Board requesting that he be reinstated in the Navy Reserve.
2 The Board, consisting of Mr Mr and Ms reviewed Petitioner’s allegations of error and injustice on 15 April 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 was released from four years of active duty on 12 June 2004 and was honorably discharged from the Navy Reserve on 24 August 2005. On 31 October 2006, he enlisted in the Navy Reserve apparently for the minimum period of two years. On 25 June 2007 his command recommended that he be issued a general discharge by reason of unsatisfactory participation in the Navy Reserve because he had not provided required medical documentation. After review, the Navy Personnel Command directed a general discharge and that he not be recommended for reenlistment. He was apparently discharged on 3 July 2007 as indicated by the Statement of Service for Reserve Retirement. However, the command states that he was discharged on 12 June
 2007.
d.       Petitioner applied to the Board contending that he was improperly discharged because he had been cleared to participate by the Medical Department. Attached to his application is a letter from the Commanding Officer, Navy Operational Support Center, Fort Worth that confirms Petitioner’s version of events. The command requests that the discharge documentation be removed from Petitioner’s record and that he be reinstated in the Navy Reserve.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that in view of the command recommendation Petitioner’s request warrants favorable action. Therefore, his record should be corrected to show that he was not discharged on 3 July 2007 or any other date but remained a member of the Navy Reserve as a second class petty officer. Additionally, all documentation concerning the erroneous discharge processing should be removed from his record.
It is unknown when Petitioner actually became physically disqualified to drill and he had not established a long history of drill attendance. However, the Board believes that he should be given some drill credit during the period from the date of his erroneous discharge through May 2008. Therefore, the Board further concludes that he should be credited with sufficient nonpay retirement points to make the anniversary year ending on 30 October 2007 qualifying for reserve retirement. Further, he should be credited with four nonpay retirement points in each month beginning on 1 November 2007 and ending on 31 May 2008.
RECOMM ENDATION:
a.       That Petitioner’s naval record be corrected to show that he was not discharged on 12 July 2007 or any other date but continued to serve in the Navy Reserve as a second class petty officer.
b.       That Petitioner be credited with sufficient nonpay retirement points to make the anniversary year ending on 30 October 2007 qualifying for reserve retirement. Further, he should be credited with four nonpay retirement points in each month thereafter through May 2008.
c.       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.
d.       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 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        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.



ROBERT D. ZSALMAN
Acting Executive Director






















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