DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 01809-09
7 May 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 3 Mar 09 w/attachments
(2) PERS-913 memo dtd 10 Apr 09
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected by amending the NAVPERS Form 1070/615 to
show his discharge from the Naval Reserve on 5 March 2005 was
"Honorable" rather than "Dishonorable," and that the
reenlistment recommendation was "Recommended" rather than "Not
Recommended." He also requested a new certificate of discharge.
2. The Board, consisting of Ms. Ballinger and Messrs. Mann and
Trant, reviewed Petitioner's allegations of error and injustice
on 7 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 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. In correspondence at enclosure (2), the Navy Personnel
Command office having cognizance over the subject matter of this
case commented to the efrect that Petitioner's record supported
no discharge characterization other than honorable. This
advisory opinion did not address Petitioner's request regarding
the reenlistment recommendation.
c. Petitioner submits his final enlisted performance
evaluation report for 16 November 2003 to 15 November 2004,
which is adverse but recommends retention.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds an error and injustice warranting partial relief,
specifically, change of the discharge characterization from
"Dishonorable" to "Honorable" and issuance of a corrected
certificate of discharge. The Board is unable to find the
recommendation against reenlistment was erroneous, noting the
adverse content of Petitioner’s final evaluation. In view of
the above, the Board directs the following limited corrective
action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by modifying
his NAVPERS Form 1070/615, page 2, to show "Type of Discharge"
as "Honorable" vice "Dishonorable."
b. That he be issued a new certificate of discharge
reflecting the corrected discharge type.
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 a copy of this Report of Proceedings, for retention ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
e. That the remainder of Petitioner's request be denied.
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.
14
PUY aL ING sh GL
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
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.
W. DEAN PFEIF
Executive Di
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