DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 1691-08
29 December 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OFigi
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, an
enlisted member of the Navy, filed an application with this Board
requesting removal from his record of documentation showing that
he received a general discharge from the Navy Reserve on 12
September 2003.
The Board, consisting of Mx . es. Ve Mr.
wa reviewed Petitioner's allegations of error an injustice
on 2 December 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.
2.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice, finds as
Eollows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitations and consider the application on
its merits.
c. Petitioner enlisted in the Navy Reserve on 13 April
2002. On 25 January 2003 he signed an agreement to enlisted in
the Regular Navy for a bonus. On 15 March 2003 he signed a
request for a conditional release from his Navy Reserve
enlistment contract. The conditional release form was Signed by
the recruiter and was approved by an individual with the title of
executive officer. There is no delayed entry contract filed in
his record.
ad. Apparently the reserve unit was unaware of the
conditional release because on 4 June 2003 he was notified of
discharge processing due to unsatisfactory participation in the
Navy Reserve. It is unclear from the record whether or not he
received this notification. Since he did not respond, the
commanding officer recommended a general discharge. After
review, the Navy Personnel Command directed a general discharge
and he was separated on 12 September 2003.
e. On 19 September 2003 Petitioner enlisted in the Navy for
four years with a one year extension. Since then he has served
on active duty in an excellent manner.
CONCLUSION :
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Although it appears that Petitioner should have ensured
that the reserve unit was aware of his status, it is also clear
that there is what appears to be a properly completed conditional
release form in the record and the Board believes that it is the
key document in this case. Given the circumstances and his
subsequent excellent service in the Navy, the Board concludes
that Petitioner's record should be corrected to show that on 16
March 2003 he was transferred to the Individual Ready Reserve
(IRR) and remained in that status until he was honorably
discharged on 19 September 2003 the day prior to his enlistment
in the Regular Navy. All documentation concerning his discharge
processing for unsatisfactory participation and the general
discharge should be removed from his record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
16 March 2003 he was transferred to the IRR and remained in that
status until he was honorably discharged on 18 September 2003.
b. That Petitioner's record be further corrected by removing all
documentation concerning the separation processing for
unsatisfactory participation and the general discharge.
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 cross 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 \ 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.
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W. DEAN PF
Executive ractto
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