DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 12209-08
26 March 2009
From: Chairman, Board. for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER SE
REVIEW OF NAVAS
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
applied to this Board requesting his naval record be corrected by
being reinstated in the Navy Reserve rather than discharged on 7
April 2005.
ot
2. The Board, consisting of Messrs. Rae. We?"
walls | ceviewed Petitioner's allegations of error an
injustice on 22 January 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 reenlisted in the Navy Reserve on 3 November
2003 after prior active service. On 7 March 2005 Petitioner’s
commanding officer recommended that he be separated with a
general discharge by reason of unsatisfactory participation based
on his failure to attend drills. Petitioner contends that he
advised his command that he would be unable to attend drills due
to his employment overseas. He was not aware that he had to
formally request transfer to the IRR. On 7 April 2005 he
received a general discharge, and was assigned a reentry code of
RE-4.
c. Navy Reserve regulations outline procedures for
terminating voluntary reservists. Normally, a reservist who has
shown consistently good performance would be transferred to the
Individual Ready Reserve (IRR) and recommended for reaffiliation.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes that Petitioner’s discharge was not
improper but probably inappropriate. It believes that the
general discharge was too harsh and the more favorable action of
transferring him to the IRR and recommending reaffiliation should
have been directed.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he
was not discharged on 7 April 2005 but transferred to the IRR and
recommended for reaffiliation on that date.
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 ES R/ EXNICIOS
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.
Lhd opel’
W. DEAN PFE
Executive Dikector
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