DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09307-07
12 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy’
Subj: FORMER qi.
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) NPC LTR 5730 Ser PERS-95, 20 Feb 08
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show that she was not discharged from the
Navy Reserve and that she be referred to the Disability
Evaluation System.
2. The Board, consisting of Ms. iii and Messrs 3 re and
" : peee reviewed Petitioner's allegations of error and
injustice on 7 August 2008 and pursuant to its regulations,
determined that the partial 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. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in
Petitioner's application has commented to the effect that
Petitioner’s request for restoration to the Navy Reserve has
merit and warrants favorable action, but that there is no basis
for referring her to the Disability Evaluation System. A copy of
enclosure (2) was sent to Petitioner on 13 March 2008 for her
review and comment. To date, she has not submitted comments or
any additional evidence in response to the contents of the
enclosure.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was not discharged 0n 29 January 2006; that she reenlisted
in the Navy Reserve for four years on 29 January 2006, has been
in a drill pay status at NOSC San Diego from that date to the
present, and that she was assigned authorized absences for all
drills she missed during that period as a result of her
discharge; and that NOSC San Diego submit an MRR package on her
for physical risk assessment.
b. That no further relief be granted.
c. That a copy of this Report of Proceedings be 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
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.
\SSaal
W. DEAN R
Executive tor
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