DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 7047-08
14 May 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
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 his general discharge, reason for discharge
(unsatisfactory drill attendance) and RE-4 reenlistment code be
changed.
a Board, consisting of Mr Milling. i... a
reviewed Petitioner's allegations of. error and injustice
on 12 May 2009 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
£ollows:
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 enlisted in the Navy Reserve on 31 July 1997
and incurred an eight year military obligation from that date.
On 25 June 1998 he enlisted in the Regular Navy. He then served
on active duty until he was released on 24 January 2005, a period
of 6 years and 7 months, with an RE-1 reenlistment code. At that
time, he was serving as a petty officer second class (AC2; E-5).
d. Petitioner affiliated with a reserve unit on 31 January
2005, A statement of service shows that he attended 12 drills,
apparently February, March and April of 2005. His eight year
military obligation expired on 30 July 2005 and he should have
been honorably discharged that date. ‘The record shows that he
did not attend any further drills. Further, there are no
extension of enlistment or reenlistments in the record.
e. Apparently, Petitioner's reserve unit believed that he
still had a military obligation. Therefore, since he was no
longer attending drills he was processed for an administrative
discharge. A notification of separation processing which was
sent by registered mail to his last known address was returned as
unclaimed on 29 November 2005. On 16 February 2006, the
commanding officer directed a general discharge by reason of
unsatisfactory participation in the Navy Reserve and the
assignment of an RE-4 reenlistment code.
f. Petitioner points out in his application that his
military obligation expired on 30 July 2005 and that he had no
military status after that date. In effect, that any actions
taken after that date were improper.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Although he should have made it clear to his unit that
his military obligation was over and that he was no longer going
to attend drills, it is also clear that he should not have been
processed for an administrative discharge after 30 July 2005.
Therefore, the Board concludes that the record should show that
he was honorably discharged on 30 July 2005 at the end of his
military obligation with a recommendation for reenlistment. AlIll
documentation concerning discharge processing and the general
discharge on 16 February 2006 or any other date should be removed
from his record.
RECOMMENDATION :
a. That Petitioner's record be corrected to show that he was
honorably discharged on 30 July 2005 at the end of his military
obligation, and assigned an RE-1 reenlistment code vice the RE-4
code now of record.
b. That Petitioner's record be further corrected to show that
his reason for separation was completion of required active
service vice unsatisfactory drill attendance.
c. That all documents and related computer entries after that
date be removed or expunged.
d. 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.
e. Than 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 Sram) Jaoagh 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.
ye AP Fa
Fe’ wl DEAN YPFEIFFER
Executive Director
NAVY | BCNR | CY2005 | 10281-05
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Naval Reserve, filed an application with this Board requesting changes in the reason for discharge and reenlistment code.2. At the expiration of his initial eight year enlistment, the unsigned 24 month extension was made operative changing his Expiration of Service (EOS) from 12 April 2004 to 12 April 2006.The lack of signature by (Petitioner) indicates the 24 month extension of enlistment was prepared...
NAVY | BCNR | CY2007 | 08220-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 8220-07 5. May 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF ‘fil Ref: (a) Title 10 U.S.c. 1552 Encl: (1) Case Summary (2) Subject's naval record 1.
NAVY | BCNR | CY2007 | 08733-07
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...
NAVY | BCNR | CY2007 | 00418-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-510@RS Docket No: 418-07 28 March 2007 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF
NAVY | BCNR | CY2001 | 06596-01
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Naval Reserve, filed enclosure (1) with this Board requesting, in effect, that he be reinstated in the Naval Reserve. His overall record while he In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. That Petitioner's naval record be corrected to show that he was not discharged on 20 June 2001 but transferred to the IRR and recommended for...
NAVY | BCNR | CY2002 | 04448-02
He states e. Attached to enclosure (1) is an advisory opinion from Headquarters Marine Corps which states that a nonmandatory participant cannot be retained in the Selected Marine Corps Reserve solely for the purpose of administrative discharge processing if the member requests a transfer to the IRR. In cases Therefore, Petitioner's record should be corrected to show that he was not discharged on 20 March 2000 but transferred to the IRR and continued to serve in the grade of SGT until he...
NAVY | BCNR | CY2010 | 12438-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TOR Docket No: 12438-10 7 July 2011 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD oF iii] E -¥ : : Ref: fa) 1060 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed enclosure (1) with this Board requesting that his RE-4 (nonrecommendation for retention) reenlistment code...
NAVY | BCNR | CY2006 | 10018-06
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 CRS Docket No: 10018-06 28 March 2007 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF™ Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he was...
CG | BCMR | Discharge and Reenlistment Codes | 2011-160
He also acknowledged that satisfactory participation in the SELRES required that he complete at least 48 drills per year and at least 12 days of active duty training each anniversary year and that he was obligated to keep his commanding officer informed of his address at all times. On May 31, 1992, the CO recommended to the Commandant, through the Eighth Coast District, that the applicant be discharged from the Coast Guard because of misconduct (shirking) with a general discharge. The...
NAVY | BCNR | CY1999 | 06138-99
the Board believes that if Given the circumstances, had understood his situation he would have qualified Therefore, the Board concludes that the record It is clear that Petitioner The best way to accomplish this action is to correct the two year 3 enlistment in the Regular Navy of 23 December 1975 to show that The record should it was an enlistment in the Naval Reserve. With these corrections, years of qualifying service in the reserve component, will have 20 qualifying years for...