DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 5G
Docket No: 11143-07
7 May 2008
From: Chairman, Board for Correction of Naval Records
To; Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF =ajiiitiiiiiiiiijssihimeysrpesrsasiac,,
Ref: ~ (a) Title 10 U.S.c. 1552
Encl: (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 she be reinstated in the Navy Reserve.
2. The Board, consisting of Mr.< =~ Mr egy and Ve
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.
Cc. Petitioner reenlisted in the Navy Reserve on 6 December
2003 for six years. Sometime after that date, she was barred
from the Naval Support Activity (NSA), Naples because she had
used cancelled orders to obtain a vehicle registration and NATO
coupons. Further, there were issues concerning the improper sale
of her car to an Italian national. At the end of her anniversary
year on 5 January 2005 she was credited with 15 years of
qualifying service for reserve retirement purposes.
d. Based on the foregoing record, Petitioner was processed
for an administrative discharge. On 29 August 2005 an
administrative discharge board (ADB) found that she had committed
misconduct but recommended her retention in the Navy Reserve.
The recommendation for retention was Subsequently approved by the
Commander, U. S. Naval Forces, Europe.
rescinded and she was not able to report for drills. On 17 May
2007 she was notified of separation processing due to
unsatisfactory participation in the Navy Reserve. On 27
September 2007, the discharge authority directed a general
discharge due to unsatisfactory participation and she was so
discharged that same day. The 27 September 2007 date is probably
correct but there is an administrative remarks entry in the -
record showing that she was discharged on 8 April 2007. At the
time of her discharge she was not recommended for reenlistment.
11 October 2007 the Commanding Officer, NSA, Naples rescinded the
order barring her from the base.
g- Attached to enclosure (1) is an advisory opinion from
the Navy Personnel Command which States that Petitioner was
properly. discharged by reason of unsatisfactory participation.
However, it further states that if she is now able to participate
with the Navy Reserve, she should contact her local recruiter for
possible reentry.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board agrees that the action to bar her from NSA,
Naples and the discharge processing were proper. However, the
Board notes that she was retained in the Navy Reserve following
the earlier finding of misconduct by the ADB but could not drill
because of the related barring order. Since the order barring
her from the base has now been rescinded, the Board believes
that, in retrospect, the proper action that should have been
taken was to transfer her to the Individual Ready Reserve (IRR),
rather than discharge processing.
reasons for the correction to her record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 17 May 2007 she was transferred to the IRR with a
recommendation for reaffilation.
b. That Petitioner's record be further corrected to show that
the discharge of 27 September 2007 or any other date in 2007, was
cancelled and that she be reinstated as a member of the Navy
Reserve as if she was never discharged.
c. 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. :
Wren
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.
\Qane -
W. DEAN PFET
Executive Di Oo
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