DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 11966-08
19 March 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: REVIEW OF NAVAL RECORD 0; ioe
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 record be corrected to show that he was
not discharged on 23 May 2008 but remained a member of the Navy
Reserve.
>. The Board, consisting of Mr. ee a Mx. ie. and Ms.
cas reviewed Petitioner's allegations of error and
injustice on 24 February 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
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. Attached to enclosure (1) is an advisory opinion from
the Navy Personnel Command (NPC) which states, in part as
follows:
_,, [Petitioner] was separated from active duty under
the provision of the Voluntary Separation Incentive
(VSI) program on 8 November 1993...a service member
must continue to serve in a reserve component in order
to receive the annual payments authorized by the VSI
program...
_,.NAF [Naval Air Facility] Washington processed
[Petitioner] for administrative separation due to
unsatisfactory participation on 14 May 2008. Reserve
Enlisted Status Branch (PERS-913) received and approved
the administrative separation on 23 May 2008. PERS-913
was unaware that [Petitioner] had elected the VSI
program. Had that information been known, we would not
have approved the administrative discharge.
_,.in our opinion, it was an error to discharge
[Petitioner] and therefore his petition warrants
relief. He made reasonable attempts to transier eo the
Individual Ready Reserve (IRR), before being declared
an unsatisfactory participant; and as a member
receiving VSI payments, our policy is to not discharge
such members but rather retain them in the IRR or S-2
status to allow continued receipt of annual VSI
payments. Therefore, his record: should be corrected to
show that he was not administratively separated, but
rather that he was placed in the IRR effective 23 May
2008. Additionally, his contract should be updated to
reflect a reenlistment for four years effective 22
November 2008. We also recommend that PERS-312 remove
all adverse material related to [his] administrative
separation from his official military personnel file...
CONCLUSION:
Upon review and consideration of all the evidence of record and
especially the comments contained in the advisory opinion, the
Board concludes that Petitioner's request warrants favorable
action. Therefore, Petitioner's record should be corrected to
show that he was not discharged on 23 May 2008 but was
transferred to the IRR on that date. His record should then be
further corrected to show that he reenlisted in the Navy Reserve
on 22 November 2008 for four years. Finally all documentation
concerning the erroneous discharge should be removed from his
record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was not discharged on 23 May 2008 but transferred to the IRR on
that date
b. That his record be further corrected to show that he
reenlisted in the Navy Reserve for four years on 22 November
2008.
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.
Ly
W. DEAN PFEUCRF
Executive D r
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