DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 10057-07
17 January 2008
Chairman, Board for Correction of Naval Records
From:
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 3gggeme
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) Case Summary
(2) Subject's naval recare¢
di. Pursuant to the provisions of reference (@), Petitioner, «4
commissioned officer in the Marine Corps Reserve tiied an
application with this Board requesting that his record be
corrected to show that he was discharged from the Regular Marine
Corps on 1 July 2007 without accepting a reserve commission.
2. The Board, consisting of Mr. eee Mr. and is
on 15
reviewed Petitioner's allegations of error an injustice
January 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.
ecord pertaining
3. The Board, having reviewed all the facts of a
e, finds as
to Petitioner's allegations of error and injustic
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. Petitioner graduated from the United States Naval
Academy and was commissioned in the Marine Corps on 26 May 1999.
The date of his commission established the ending date of his
eight year military obligation as 25 May 2007. On 31 August 2006
he submitted his resignation requesting for a discharge date of 1
July 2007. In his resignation he stated that he did not desire
to accept a commission in the Marine Corps Reserve (USMCR). The
DD Form 214 issued on 1 July 2007 indicates that he was
discharged from the Regular Marine Corps but the narrative reason
is "Intradepartmental transfer" which indicates that he had
accepted a reserve commission.
d. Petitioner states in his application that he has been
improperly placed in the Individual Ready Reserve and points out
that he should not have been because he indicated in his
resignation letter that he did not desire a reserve commission.
e. Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps which concludes that since Petitioner
did not request a reserve commission he should not be a member of
the USMCR. The opinion recommends that the Board correct the
record to show that he was discharged on 1 July 2007 by reason of
completion of required active duty with a separation program
designator (SPD) of FBK1.
CONCLUSION:
Upon review and consideration of all the evidence of record and
the recommendation contained in the advisory opinion, the Board
concludes that Petitioner's request warrants favorable action.
There is no evidence in the record that Petitioner actually
accepted a reserve commission. Without such a commission
Petitioner is not a member of the USMCR. Therefore it appears
that the DD Form 214 and entries in data bases can be
administratively corrected. However, given the favorable
advisory opinion and the possibility that a reserve commission
may exist, the Board concludes that Petitioner's record should be
corrected to show that he was honorably discharged on 1 July 2007
by reason of completion of required active duty with no further
reserve obligation.
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 correction to the
record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was honorably discharged on 1 July 2007 by reason of
completion of required active duty with an SPD of FBK1.
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.
¥
PFET
Executive Dir
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