DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 8714-08
22 December 2008
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, an
enlisted member of the Navy Reserve, filed an application with
this Board requesting that his record be corrected to show a
break in service.
2. mn Board, consisting of Ms. Qe? Ms. QemMand Mr.
: eviewed Petitioner's allegations of error and injustice on
9 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.
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 states in his application that he was
prevented from drilling because of medical issues and the request
to resolve his physical status was not sent to the Bureau of
Medicine and Surgery for 19 months. After review, he was found
fit for duty. He is requesting that the record be corrected to
show that he was discharged on 30 June 2003 and reenlisted on 14
March 2005. He is requesting this correction so that he will not
be effected by the length of service limitations placed on
individuals serving in pay grade l-6.
d. Attached to enclosure (1) is an advisory opinion from
the Navy Personnel Command which states, in part, as follows:
...in our opinion, there were sufficient errors
committed in the processing of [his] physical
qualification determination to warrant relief. During
the period from 30 June 2003 and 13 March 2005, when
[he] was not allowed to participate with the Navy
Reserve, we recommend that the record reflect [that he]
was honorably discharged from the Navy Reserve. The
records should be further adjusted to reflect his
subsequent reenlistment effective 14 March 2005.
...these actions will allow [him] the opportunity to
earn two additional qualifying years towards retirement
and may impact his advancement eligibility...
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board agrees with the recommendation
contained in the advisory opinion. Therefore, Petitioner's
record should be corrected to show that he was honorably
discharged on 30 June 2003 and reenlisted in the Navy Reserve on
14 March 2005 for the maximum period of six years.
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 break in his
service.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was honorably discharged on 30 June 2003 and that he reenlisted
in the Navy Reserve for six years on 14 March 2005.
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 Sern 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.
Le) Noa Se? },
W. DEAN PF
Executive D tar
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