DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 CRG
Docket No: 7165-09
13 July 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER =e Pr REVIEW
OF NAVAL RECORD
REE (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) CNPC memo of 5 January 2010
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting his naval record be corrected to
show that he was not discharged from the Navy Reserve on i1
December 2007.
_the.Board, consisting of Mr. a ye’: . Seed Ms.
WERE Viewed Petitioner's allegations of error and injustice
‘on 8 July 2030 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 ail
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. In correspondence attached as enclosure (2) the
Commander Navy Personnel Command advised the Board, in effect,
that Petitioner was discharged in error. He recommends that
Petitioner’s request be granted.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
in view of the contents of enclosure (2) the Board finds the
existence of an injustice warranting the following corrective
action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
he was not discharged on 11 December 2007, and that all
information pertaining to the discharge be removed from his
record.
b. That he be given authorized absences for the drills he
missed during the period 11 December 2007 to the date of
implementation of this action.
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.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6c 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.
ES R. NECIOS
cting Recorder
ROBERT D. ZSALMAN
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 oaG »
W. DEAN PFE
Executive Dive xr
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